United States DC Circuit

An internet service provider's petition for review of an order of the FCC agreeing not to require the Bell Operating Companies (BOCs) to provide their competitors with "unbundled" access to certain fiber-based network facilities is denied where the agency's interpretation and application of the statutory scheme were permissible since the decision: 1) survived Chevron analysis; 2) was neither arbitrary nor inconsistent with FCC precedent; and 3) was supported by the record.

Appellate Information

• Argued 05/09/2006
• Decided 08/15/2006
• Published 08/15/2006

Judges

• Before:  SENTELLE and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark J. O'Connor argued the cause for petitioner.   With him on the briefs were Donna N. Lampert and Jennifer L. Phurrough.


• For Appellees:
  
• Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondent.   On the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel., Scott H. Angstreich argued the cause for intervenors BellSouth Corporation, et al. in support of the respondent.   With him on the briefs were Michael K. Kellogg, Mark L. Evans, Geoffrey M. Klineberg, Sean A. Lev, Michael E. Glover, Edward Shakin, James D. Ellis, Gary L. Phillips, and Bennett L. Ross.