United States DC Circuit

Incumbent local exchange carriers waived their primary statutory claim in a challenge to an FCC order implementing section 251(c)(6) of the Telecommunications Act, allowing competitive local exchange carriers to gain access to networks of incumbent local exchange carriers.

Appellate Information

• Argued 05/10/2002
• Decided 06/18/2002
• Published 06/18/2002

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark L. Evans argued the cause for petitioners.   With him on the briefs were Michael K. Kellogg, Scott K. Attaway, David C. Frederick, Michael E. Glover, Edward Shakin, Joseph DiBella, Richard M. Sbaratta, James D. Ellis, Jeffrey B. Thomas and Gary L. Phillips.   Roger K. Toppins entered an appearance., David W. Carpenter argued the cause for intervenors American Telephone and Telegraph Company, et al.   With him on the brief were Peter D. Keisler, James P. Young, Mark C. Rosenblum, Mark D. Schneider, John E. Benedict, H. Richard Juhnke, Charles C. Hunter, Catherine M. Hannan, Jonathan Jacob Nadler, Jason Oxman, Thomas F. O'Neil III, William Single IV, Teresa K. Gaugler, Rodney L. Joyce, Mary C. Albert and Morton J. Posner.  David L. Lawson and Paul J. Zidlicky entered appearances.


• For Appellees:
  
• John Rogovin, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were John E. Ingle, Deputy Associate General Counsel, Laurence N. Bourne and Rodger D. Citron, Counsel, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice.