United States DC Circuit

In a case concerning the transfer of toll-free 800 telephone service, defendant-FCC erred in ruling that section 2.1.8 of AT&T Tariff FCC No.2 does not apply to a transfer of "traffic."

Appellate Information

• Argued 11/12/2004
• Decided 01/14/2005
• Published 01/14/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David W. Carpenter argued the cause for petitioner.   With him on the briefs were Peter H. Jacoby, James F. Bendernagel, Jr., C. John Buresh, and Michael J. Hunseder.


• For Appellees:
  
• Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the briefs were Robert B. Nicholson and Steven J. Mintz, Attorneys, U.S. Department of Justice, John A. Rogovin, General Counsel, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Rodger D. Citron, Counsel.  Laurel R. Bergold, Counsel, entered an appearance.