United States DC Circuit

Petition for review challenging respondent's order relieving petitioner of the duty to provide its competitors access to certain unbundled network elements is dismissed as to petitioner as barred by the exhaustion requirement of 47 U.S.C. section 405(a), and denied as to intervenors over claim that respondent's interpretation of section 10(d) of the Communications Act is unreasonable and its analysis under sections 10(a) and (b) is arbitrary and capricious.

Appellate Information

• Argued 02/06/2007
• Decided 03/23/2007
• Published 03/23/2007

Judges

• Before:  GRIFFITH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• L. Andrew Tollin argued the cause for petitioner Qwest Corporation.   With him on the briefs were Michael Deuel Sullivan and Robert B. McKenna., David P. Murray and Russell M. Blau argued the cause for CLEC Petitioners.   On the briefs were Thomas Jones, Randy J. Branitsky, Richard M. Rindler, Patrick J. Donovan, Joshua M. Bobeck, and Mary C. Albert.  Jason D. Oxman entered an appearance., David E. Mills and J.G. Harrington were on the brief for intervenor Cox Communications, Inc.


• For Appellees:
  
• Joseph R. Palmore, Counsel, Federal Communications Commission, argued the cause for respondents.   With him 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, Eric D. Miller, Deputy General Counsel, John E. Ingle, Deputy Associate General Counsel, and Nandan M. Joshi, Counsel., L. Andrew Tollin, Michael Deuel Sullivan, Robert B. McKenna, Scott H. Angstreich, Michael E. Glover, and Edward H. Shakin were on the brief for intervenors Qwest Corporation and the Verizon Companies in support of respondents.