United States DC Circuit

The Federal Communications Commission chose a reasonable benchmark and reasonably concluded that disputed rates were unlikely to exceed the range of total-element long run incremental cost compliance.

Appellate Information

• Decided 10/22/2002
• Published 10/22/2002

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark D. Schneider argued the cause for appellants and intervenor AT&T Corp.   With him on the briefs were Thomas F. O'Neil III, William Single IV, Karlen J. Reed, Assistant Attorney General, Attorney General's Office of Commonwealth of Massachusetts, Charles C. Hunter, Catherine M. Hannan, David W. Carpenter, Mark E. Haddad, and David L. Lawson.  Mark C. Rosenblum and Peter D. Keisler entered appearances., Michael E. Glover argued the cause for intervenors Verizon New England Inc., et al.   With him on the brief were Mark L. Evans, Donna M. Epps, Colin S. Stretch, and Scott H. Angstreich., William P. Agee and Albert P. Halprin were on the brief for amicus curiae Massachusetts Department of Telecommunications and Technology, urging affirmance.


• For Appellees:
  
• James M. Carr, Counsel, Federal Communications Commission, argued the cause for appellee.   With him on the brief were John A. Rogovin, Deputy General Counsel, and John E. Ingle, Deputy Associate General Counsel.