GLOBAL TEL*LINK v. FEDERAL COMMUNICATIONS COM'N

No. 15-1461. Consolidated with 15-1498, 16-1012, 16-1029, 16-1038, 16-1046, 16-1057.

859 F.3d 39 (2017)

GLOBAL TEL*LINK, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Centurylink Public Communications, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2017.


Attorney(s) appearing for the Case

Mithun Mansinghani , Deputy Solicitor General, Office of the Attorney General for the State of Oklahoma, argued the cause for State and Local Government Petitioners. With him on the briefs were E. Scott Pruitt , Attorney General, Patrick R. Wyrick , Solicitor General, Nathan B. Hall , Assistant Solicitor General, James Bradford Ramsay , Jennifer Murphy , Christopher J. Collins , Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, Dominic E. Draye , Deputy Solicitor General, Leslie Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Lee Rudofsky , Solicitor General, Nicholas Bronni , Deputy Solicitor General, Danny Honeycutt , Karla L. Palmer , Tonya J. Bond , Joanne T. Rouse , Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Chief Deputy Attorney General, Chris Koster , Attorney General, Office of the Attorney General for the State of Missouri, J. Andrew Hirth , Deputy General Counsel, Brad D. Schimel , Attorney General, Office of the Attorney General for the State of Wisconsin, Misha Tseytlin , Solicitor General, Daniel P. Lennington , Deputy Solicitor General, Gregory F. Zoeller , Attorney General, Office of the Attorney General for the State of Indiana, Thomas M. Fisher , Solicitor General, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Patricia H. Wilton , Assistant Attorney General, Adam Paul Laxalt , Attorney General, Office of the Attorney General for the State of Nevada, and Lawrence VanDyke , Solicitor General. Jared Haines , Assistant Solicitor General, Office of the Attorney General for the State of Oklahoma, David G. Sanders , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, and Dean J. Sauer , Attorney, Office of the Attorney General for the State of Missouri, entered appearances.

Michael K. Kellogg , Washington, DC, argued the cause for ICS Carrier Petitioners. With him on the briefs were Aaron M. Panner , Benjamin S. Softness , Stephanie A. Joyce , Andrew D. Lipman , Brita D. Strandberg , Jared P. Marx , John R. Grimm , Washington, DC, Robert A. Long, Jr. , Kevin F. King , Marcus W. Trathen , Julia C. Ambrose , and Timothy G. Nelson , Raleigh, NC.

Andrew D. Lipman and Stephanie A. Joyce , Washington, DC, were on the brief for petitioner Securus Technologies, Inc.

David M. Gossett , Attorney, Federal Communications Commission, argued the cause for respondent. On the brief were Howard J. Symons at the time the brief was filed, General Counsel, Jacob M. Lewis , Associate General Counsel, Sarah E. Citrin , Counsel, and Robert B. Nicholson and Daniel E. Haar , Attorneys, U.S. Department of Justice. Mary H. Wimberly , Attorney, U.S. Department of Justice, Brendan T. Carr , Acting General Counsel, Federal Communications Commission, and Richard K. Welch , Deputy Associate General Counsel, entered appearances.

Lori Swanson , Attorney General, Office of the Attorney General for the State of Minnesota, Kathryn Fodness and Andrew Tweeten , Assistant Attorneys General, Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Lisa Madigan , Attorney General, Office of the Attorney General for the State of Illinois, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, and Hector Balderas , Attorney General, Office of the Attorney General for the State of New Mexico were on the brief for amici curiae State of Minnesota, et al. in support of respondents.

Glenn S. Richards , Washington, DC, was on the brief for intervenors Network Communications International Corp. in support of respondents.

Andrew Jay Schwartzman , Washington, DC, argued the cause for intervenors The Wright Petitioners. With him on the brief was Drew T. Simshaw.

Danny Y. Chou , San Francisco, CA, was on the brief for amicus curiae The County of Santa Clara and the County of San Francisco in support of respondent.

Opinion filed by Circuit Judge Pillard, dissenting as to Sections II.B through II.F and concurring in part.


The Communications Act of 1934 ("1934 Act") authorized the Federal Communications Commission ("Commission" or "FCC") to ensure that interstate telephone rates are "just and reasonable," 47 U.S.C. § 201(b), but left regulation of intrastate rates primarily to the states. In the Telecommunications Act of 1996 (...

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