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Docket for 00-511
No. 00-511 Status: DECIDED
Title: Verizon Communications Inc., et al., Petitioners
v.
Federal Communications Commission, et al.
Docketed:          Lower Ct: United States Court of Appeals for the Eighth Circuit
October 4, 2000 (96-3321)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Oct 4 2000Petition for writ of certiorari filed. (Response due November 17,
2000)
Oct 4 2000 LODGING consisting of 10 copies relating to reports of the FCC
submitted by the petitioners (Volumes I & II).
Oct 19 2000Waiver of right of respondent Mississippi Public Service Commission to
respond filed.
Oct 20 2000Waiver of right of respondent Kansas Corporation Commission to respond
filed.
Oct 20 2000Waiver of right of respondent Sprint Corporation to respond filed.
Nov 2 2000Waiver of right of respondent North Carolina Utilities Commission to
respond filed. VIDED.
Nov 6 2000Waiver of right of respondent Public Service Commission of WI to
respond filed.
Nov 6 2000Waiver of right of respondent Qwest Corporation to respond filed.
Nov 7 2000 Order extending time to file brief of respondent on the merits
until November 17, 2000.
Nov 17 2000Brief of respondents WORLDCOM, Inc., et al. in opposition filed.
Nov 17 2000Brief of respondents Federal Communications Commission and the United
States filed. VIDED.
Nov 17 2000Waiver of right of respondent AT&T Corporation to respond filed.
Nov 28 2000Reply brief of petitioners Verizon Communications Inc., et al. filed.
Nov 29 2000 DISTRIBUTED for Conference of January 5, 2001
Jan 8 2001 REDISTRIBUTED for Conference of January 12, 2001
Jan 16 2001 REDISTRIBUTED for Conference of January 19, 2001
Jan 22 2001 Petition GRANTED. limited to the following questions: 1) Whether
the court of appeals erred in holding that 47 U.S.C. Sec.
252(d)(1) (Telecommunications Act of 1996) forecloses the cost
methodology adopted by the FCC, which is based on the efficient
replacement cost of existing technology, for determining the
interconnection rates that new entrants into local
telecommunications markets must pay incumbent local telephone
companies. 2) Whether the court of appeals erred in holding that
neither the Takings Clause nor the Telecommunications Act of 1996
requires incorporation of an incumbent local exchange carrier's
"historical" costs into the rates that it may charge new entrants
for access to its network elements. 3) Whether 47 U.S.C. Sec.
251(c)(3) prohibits regulators from requiring that incumbent local
telephone companies combine certain previously uncombined network
elements when a new entrant requests the combination and agrees to
compensate the incumbent for performing that task. Justice
O'Connor OUT.
SET FOR ARGUMENT October 10, 2001.
********************************************************
Feb 7 2001 Letter received from counsel for General Communications,Inc.,
waiving the right to file a brief on the merits. VIDED.
Feb 15 2001 Order adopting the Solicitor General's proposal for simultaneous
briefing. Opening briefs for petitioners and opening briefs for
respondents supporting those petitioners are due on or before
April 9, 2001. Briefs for respondents opposing petitioners are due
on or before June 8, 2001. Reply briefs, if any, are due on or
before July 23, 2001.
Apr 9 2001Brief of respondent Sprint Corporation in support of petitioners
filed. VIDED.
Apr 9 2001Brief of petitioners Federal Communications Commission and the United
States filed. VIDED.
Apr 9 2001Brief of petitioners WorldCom, Inc., et al. filed. VIDED.
Apr 9 2001Brief of petitioners Verizon Communications Inc., et al. filed. VIDED.
Apr 9 2001Brief of petitioner AT&T Corp. filed. VIDED.
Apr 24 2001
Motion of BellSouth Corporation, et al., for additional time for
oral argument filed.
Jun 7 2001Brief of respondent National Association of State Utility Consumer
Advocates filed. VIDED.
Jun 8 2001Brief of respondent Sprint Corporation filed. VIDED.
Jun 8 2001Brief amici curiae of Allegiance Telecom, Inc., et al. filed.
Jun 8 2001Brief of respondent Qwest Communications International, Inc. filed.
VIDED.
Jun 8 2001Brief of respondent AT&T Corporation filed. VIDED.
Jun 8 2001Brief of respondents Federal Communications Commission and the United
States filed. VIDED.
Jun 8 2001Brief of respondents Public Service Commission of State of New York
and NARUC filed. VIDED.
Jun 8 2001Brief of respondents WORLDCOM, Inc., et al. filed. VIDED.
Jun 19 2001 Motion of the Solicitor General for divided argument filed.
Jun 29 2001 Motion of the Solicitor General for divided argument GRANTED.
Justice O'Connor OUT.
Jun 29 2001 Motion of BellSouth Corporation, et al., for additional time for
oral argument GRANTED. Thirty additional minutes are allotted for
this purpose. to be divided as follows: 45 minutes for petitioners
in No. 00-511, 15 minutes for petitioners in Nos. 00-555 and 00-
590, and 30 minutes for the Solicitor General. Justice O'Connor
OUT.
Jul 6 2001 LODGING consisting of 20 copies of publication entitiled
"Telecommunications Act at three years", submitted by counsel for
amicus Qwest.
Jul 23 2001Reply brief of respondent Sprint Corporation in support of petitioners
filed. VIDED.
Jul 23 2001Reply brief of petitioners United States and the Federal
Communications Commission filed. VIDED.
Jul 23 2001 LODGING consisting of 20 copies of supplemental opinion of the
Postal Commission, submitted by Verizon Entities.
Jul 23 2001Reply brief of petitioners Verizon Communications Inc., et al. filed.
VIDED.
Jul 23 2001Reply brief of respondent AT&T Corporation filed. VIDED.
Jul 26 2001 CIRCULATED.
Aug 6 2001Joint appendix filed.
Aug 6 2001 Joint appendix in two volumes. VIDED.
Aug 6 2001 LODGING consisting of 20 copies of two bound volumes of related
material submitted by counsel for respondents Worldcom, et al.
Aug 6 2001 LODGING consisting of twenty copies of supplemental material
submitted by counsel for Worldcom, et al. and distributed.
Sep 26 2001 Record filed.
Oct 2 2001 LODGING consisting of 20 copies of transcript of testimony
submitted by counsel for petitioners and distributed.
Oct 5 2001 LODGING consisting of twenty sets of three bound volumes of
related material submitted by counsel for the respondents and
distributed
Oct 9 2001 Letter from counsel for the petitioners received and distributed.
Oct 10 2001 ARGUED.
May 13 2002 Adjudged to be AFFIRMED IN PART. REVERSED IN PART, AND REMANDED.
Souter, J., delivered the opinion of the Court, in which
Rehnquist, C.J., and Stevens, Kennedy, and Ginsburg, JJ., joined,
in which Scalia and Thomas, JJ., joined as to part III, and in
which Thomas, J., also joined as to Part IV. Breyer, J., filed an
opinion concurring in part and dissenting part, in which Scalia,
J., joined as to Part VI. O'Connor, J., took no part in the
consideration or decision of the cases.
Jun 12 2002
JUDGMENT ISSUED.
Jun 18 2002 Record returned the USCA 8th Circuit.
Aug 13 2002 Motion of the Solicitor General to retax costs filed.
Aug 14 2002 DISTRIBUTED. September 30, 2002 (Page 109)
Oct 7 2002 Motion of the Solicitor General to retax costs GRANTED. Justice
O'Connor OUT.
Oct 7 2002 MODIFIED JUDGMENT ISSUED.
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Andrew G. McBride Wiley Rein & Fielding 2027197135
1776 K Street, NW
Washington, DC 20006
Party name: Verizon Communications Inc., et al.
 
Irwin Popowsky c/o Off. of Consumer Advocate 7177835048
555 Walnut Street, 5th Fl.
Harrisburg, PA 17101-1923
Party name: National Assoc. of State Utility Consumer Advocates (NASUCA)
 
Solicitor General U.S. Department of Justice
Washington, DC 20530
 
Attorneys for Respondent:
Solicitor General U.S. Department of Justice
Washington, DC 20530
Party name: Federal Communications Commission, et al.
 
George M. Fleming MS Public Utilities Staff 6019615490
P.O.Box 1174
Jackson, MS 39215-1174
Party name: Mississippi Public Service Commission
 
Eva Powers Kansas Corp. Comm.,Legal Dept.7852713173
1500 S.W. Arrowhead Rd.
Topeka, KS 66604-4027
Party name: Kansas Corporation Commission
 
David P. Murray Willkie Farr, et al., Three 2024294702
Lafayette Centre,1155 21st St.
Washington, DC 20036
Party name: Sprint Corporation
 
Robert H. Bennink Jr. NC Utilities Commission 9197330833
4325 Mail Service Center
Raleigh, NC 27699-4325
Party name: North Carlina Utilities Commission
 
William P. Barr Verizon Services Group
1850 M Street, N. W.
Washington, DC 20036
 
James D. Ellis SBC Communications
175 E. Houston
San Antonio, TX 78205
 
Mark L. Evans Kellogg, Huber, Hanson, et al.
1615 M Street, NW., Ste. 400
Washington, DC 20036
Party name: United States Telephone Association
 
Charles R. Morgan Bellsouth Corporation
1155 Peachtree Street, N.E.
Atlanta, GA 30309
 
Lawrence E. Sarjeant United States Telecom Assoc.
1401 H. St., N. W., Suite 600
Washington, DC 20005
Party name: U.S. Telecom. Associates
 
Roger K. Toppins SBC Communications, Inc.
1401 I Street, N.W., Ste. 1100
Washington, DC 20005
 
Michael S. Varda Public Service Commission 6082673591
610 North Whitney Way
Madison, WI 53705-2729
Party name: Public Service Commission of WI
 
William T. Lake Wlimer,Cutler & Pickering 2026636000
2445 M Street, N.W.
Washington, DC 20037-1420
Party name: Qwest Communications International, Inc.
 
Donald B. Verrilli Jr. Jenner & Block 2026396000
601 13th Street, NW
Washington, DC 20005
Party name: WORLDCOM, Inc., et al.
 
David W. Carpenter Sidley & Austin 3128537000
10 South Dearborn Street
Chicago, IL 60603
Party name: AT&T Corporation
 
Irwin A. Popowsky 555 Walnut Street, 5th FL 7177835048
Forum Place
Harrisburg, PA 17101-1923
Party name: National Association of State Utility Consumer Advocates
 
James Bradford Ramsay NARUC 2028982200
1101 Vermont Ave., NW #200
Washington, DC 20005
Party name: Public Service Commission of State of New York and NARUC
 
Other Attorneys:
Harisha J. Bastiampillai Swidler Berlin Shereff Friedma2024247500
3000 K Street, NW #300
Washington, DC 20007
Party name: Allegiance Telecom, Inc., et al.
 
 

 

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