United States DC Circuit

An incumbent local exchange carrier created a sham entity to increase rates charged to an interexchange carrier, in violation of section 201(b) of the Communications Act. The FCC erred in finding that a carrier lacked standing to seek review of an order which could prejudice it in defending against a pending suit for access charges.

Appellate Information

• Decided 01/24/2003
• Published 01/24/2003

Judges

• Before:  GINSBURG, Chief Judge, SENTELLE, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Russell M. Blau argued the cause and filed the briefs for petitioners Atlas Telephone Company, Inc. and Total Telecommunications Services, Inc., Daniel Meron argued the cause for petitioner AT&T Corporation.   With him on the briefs were David W. Carpenter, Mark C. Rosenblum, and Peter H. Jacoby.  Peter D. Keisler entered an appearance., Daniel Meron, C. John Buresh, David W. Carpenter, Mark C. Rosenblum and Peter H. Jacoby were on the brief for intervenor AT&T Corporation., Russell M. Blau was on the brief for intervenors Atlas Telephone Company, Inc. and Total Telecommunications Services, Inc.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   On the brief were John Rogovin, Deputy General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel, and Marion L. Jetton and Robert B. Nicholson, Attorneys, U.S. Department of Justice.