United States DC Circuit

The Court granted plaintiff's petition for review of an order by defendant that required plaintiff to unbundle and to lease certain elements of its network, reasoning that defendant's failure to adequately explain its decision was arbitrary and capricious.

Appellate Information

• Argued 04/22/2004
• Decided 07/16/2004
• Published 07/16/2004

Judges

• Before:  GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan E. Nuechterlein argued the cause for petitioners.   With him on the briefs were Samir C. Jain, Kathryn A. Reilly, Michael E. Glover, and Edward Shakin., David L. Lawson argued the cause for intervenors AT&T Corporation, et al.   With him on the brief were Virginia A. Seitz, Michael J. Hunseder, David W. Carpenter, Mark D. Schneider, Ian H. Gershengorn, William Single IV, Allison M. Ellis, Christopher J. Wright, and Timothy J. Simeone.


• For Appellees:
  
• Austin C. Schlick, Counsel, Federal Communications Commission, argued the cause for respondents.   On the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Laurel R. Bergold, Counsel.   John E. Ingle, Deputy Associate General Counsel, entered an appearance.