United States DC Circuit

The FCC erred when it found that plaintiff violated the terms of a requirement, imposed as a condition to the merger between plaintiff and Ameritech, that it offer competitive local exchange carriers access to "shared transport" for intraLATA toll call traffic.

Appellate Information

• Argued 02/17/2005
• Decided 05/13/2005
• Published 05/13/2005

Judges

• Before:  SENTELLE and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg argued the cause for petitioner.   With him on the briefs were Colin S. Stretch, James D. Ellis, Gary L. Phillips, and Christopher Heimann.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Suzanne M. Tetreault, Counsel.  Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, and Rodger D. Citron, Counsel, Federal Communications Commission, entered appearances.