United States DC Circuit

The Telecommunications Act authorizes the FCC to regulate Bell operating company (BOC) intrastate payphone line rates, but not those of non-BOC local exchange carriers.

Appellate Information

• Argued 05/09/2003
• Decided 07/11/2003
• Published 07/11/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Aaron M. Panner argued the cause for Bell Operating Company petitioners.   With him on the briefs were Michael K. Kellogg, James G. Garralson, Michael E. Glover, Edward Shakin, John M. Goodman, James D. Ellis and Gary L. Phillips., Marcus W. Trathen argued the cause for petitioners New England Public Communications Council, Inc., et al.   With him on the briefs were Paul C. Besozzi and David Kushner., Robert F. Aldrich argued the cause for intervenor American Public Communications Council, Inc.   With him on the brief was Albert H. Kramer., Aaron M. Panner argued the cause for LEC intervenors.   With him on the brief were Michael K. Kellogg, James G. Harralson, Michael E. Glover, Edward Shakin, John M. Goodman, James D. Ellis and Gary G. Phillips.  Peter M. Connolly entered an appearance.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent.   With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, Acting General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel.  Lisa E. Boehley, Counsel, Federal Communications Commission, entered an appearance.