United States DC Circuit

In petitions for review of the FCC's decision to eliminate dominant-carrier pricing regulation with respect to AT&T's special access lines, the petitions are denied, where the FCC reasonably concluded that dominant-carrier pricing regulation is unnecessary to ensure just, reasonable, and nondiscriminatory rates.

Appellate Information

• Argued 02/20/2009
• Decided 07/17/2009
• Published 07/17/2009

Judges

• Before:  SENTELLE, Chief Judge, and KAVANAUGH, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Colleen L. Boothby and Christopher J. Wright argued the cause for private petitioners.   With them on the briefs were David P. Murray, Thomas Jones, Randy Branitsky, Russell M. Blau, Joshua M. Bobeck, Brad E. Mutschelknaus, Genevieve Morelli, John J. Heitmann, Timothy J. Simeone, and Joseph C. Cavender., Stefanie A. Brand was on the brief for petitioner the New Jersey Division of Rate Counsel.   With her on the briefs was Ronald K. Chen and Christopher J. White.


• For Appellees:
  
• Richard K. Welch, Acting Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondent.   With him on the brief were Matthew B. Berry, General Counsel, Jacob M. Lewis, Associate General Counsel, and Laurel R. Bergold, Counsel.  Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and James M. Carr, Counsel, Federal Communications Commission, entered appearances., Jonathan E. Nuechterlein argued the cause for intervenors AT & T Inc., et al. in support of the respondent.   With him on the brief were Lynn R. Charytan, Heather M. Zachary, Jack S. Zinman, Gary L. Phillips, Paul K. Mancini, Michael E. Glover, Edward Shakin, William H. Johnson, Craig J. Brown, Robert B. McKenna, David W. Zesiger, Scott H. Angstreich, Gregory G. Rapawy, and Gregg Sayre.