Iowa Utilities Bd. v. F.C.C.

Decision Date27 September 1996
Docket Number96-3406,Nos. 96-3321,96-3416,96-3450,96-3414,96-3453,96-3460,96-3418,96-3444,96-3436,96-3519 and 96-3520,96-3410,96-3424,96-3430,96-3507,s. 96-3321
Citation96 F.3d 1116
PartiesIOWA UTILITIES BOARD, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. NATIONALASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. The SOUTHERN NEW ENGLAND TELEPHONE COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents, BELL ATLANTIC CORPORATION; Bellsouth Corporation; Pacific Telesis Group, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. AMERITECH CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. US WEST,INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. GTE SERVICE CORPORATION; GTE Alaska, Incorporated; GTE Arkansas, Incorporated; GTE California, Incorporated; GTE Florida,Incorporated; GTE Midwest, Incorporated; GTE South, Incorporated; GTE Southwest, Incorporated; GTE North, Incorporated; GTE Northwest, Incorporated; GTE HawaiianTelephone Company, Incorporated; GTE West Coast, Incorporated; Contel of California, Inc.; Contel of Minnesota, Inc.; Contel of the South, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. NEW YORKTELEPHONE COMPANY; New England Telephone and Telegraph Company, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. CINCINNATI BELL TELEPHONE COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. PEOPLE of the STATE of NEW YORK; The Public Service Commission of the State of New York, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. SBC COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America,Respondents. FLORIDA PUBLIC SERVIC
CourtU.S. Court of Appeals — Eighth Circuit

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

PER CURIAM.

These matters pend on resisted motions for stay pending judicial review of the Federal Communications Commission's First Report and Order of August 8, 1996, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98. The court has carefully reviewed the motion papers filed in support of the requested stay, and in opposition thereto, and has determined that oral argument should be heard on the motions. For the purposes of argument on the stay issues, the court has grouped the...

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5 cases
  • Bell Atlantic-Delaware, Inc. v. McMahon
    • United States
    • U.S. District Court — District of Delaware
    • January 6, 2000
    ...Fed. Reg. 45,476 (1996), but on September 27, 1996 the Eighth Circuit temporarily stayed their effective date. See Iowa Utils. Bd. v. FCC, 96 F.3d 1116, 1118 (8th Cir.1996). Although the Eighth Circuit eventually lifted its stay with respect to some of these regulations, it continued to sta......
  • Mci Telecommunications Corp. v. Gte Northwest
    • United States
    • U.S. District Court — District of Oregon
    • March 17, 1999
    ...27, 1996, the Eighth Circuit temporarily stayed "the effective date" of all of the regulations. Iowa Util. Bd. v. Federal Communications Comm'n, 96 F.3d 1116, 1118 (8th Cir.1996). On October 15, 1996, the Eighth Circuit allowed some of the regulations to go into effect, but continued to sta......
  • GTE S. v. Morrison
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • June 8, 1999
    ...the FCC's rules were scheduled to go into effect, the Eighth Circuit entered a temporary stay of the rules, see Iowa Utils. Bd. v. FCC, 96 F.3d 1116, 1118 (8th Cir. 1996), and later entered a stay of the pricing rules pending final decision, see Iowa Utils. Bd. v. FCC, 109 F.3d 418, 427 (8t......
  • Us West Communications v. At & T Communications
    • United States
    • U.S. District Court — District of Oregon
    • May 3, 1999
    ...stayed those regulations (with limited exceptions) before they ever went into effect, postponing their effective date. See Iowa Utilities, 96 F.3d at 1118 (staying "effective date"). See also 5 U.S.C. § 705 (expressly authorizing reviewing court to "postpone the effective date of an agency ......
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