STATE CORPORATION COMMISSION OF the STATE OF KANSAS, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone and Telegraph Company, General Telephone Company of Florida, Mountain States Telephone & Telegraph Company, Northwestern Bell Telephone and Pacific Northwest Bell Telephone Company, MCI Telecommunications Corporation, Bellsouth Corporation on Behalf of Its Operating Companies — Southern Bell Telephone and Telegraph Company, and South Central Bell Telephone Company; the Bell Atlantic Telephone Companies — the Bell Telephone Company of Pennsylvania, the Chesapeake & Potomac Telephone Companies of Maryland, Virginia, West Virginia, and District of Columbia, the Diamond State Telephone Company, and New Jersey Bell Telephone Company; the Ameritech Operating Companies — Illinois Bell Telephone Company, Indiana Bell Telephone Company, Michigan Bell Telephone Company, the Ohio Bell Telephone Company and Wisconsin Bell; the Nynex Telephone Companies — New York Telephone Company, and New England Telephone and Telegraph Company; Southwestern Bell Telephone Company, National Association of Regulatory Utility Commissioners, and Reservation Telephone Cooperative, et al., Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 1, 1986.
April 1, 1986.
Attorney(s) appearing for the Case
Lee H. Woodard, Special Counsel, of Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, Kan. (Brian J. Moline, General Counsel, and James G. Flaherty, Staff Counsel, of Kansas Corporation Commission, Topeka, Kan., with him, on brief), for petitioner.
Linda L. Oliver, Counsel, F.C.C., Washington, D.C. (John E. Ingle, Deputy Associate General Counsel with her, on brief), for respondents.
Michael Boudin of Covington & Burling, Washington, D.C. (Elizabeth V. Foote with him, on brief for AT & T and Listed Intervenor Bell Operating Companies; also on brief were Thomas J. Reiman, Chicago, Ill., and Alfred Winchell Whittaker, Washington, D.C., for Ameritech Telephone Companies; Judith A. Mayenes, W. Preston Granbery, and Robert B. Stechert, Basking Ridge, N.J., for AT & T; Daniel J. Whelan and David K. Hall, Washington, D.C., for Bell Atlantic Telephone Companies; William J. Byrnes, Washington, D.C., for MCI; Saul Fisher, White Plains, N.Y., and John B. Messenger, Washington, D.C., for NYNEX Telephone Companies; Vincent L. Sgrosso, Atlanta, Ga., for BellSouth Telephone Companies; Michael C. Cavell, Topeka, Kan., for Southwestern Bell Telephone Co.; David S. Sather and Robert B. McKenna, Washington, D.C., for Mountain States Telephone and Telegraph Co., Northwestern Bell Telephone Co., and Pacific Bell Telephone Company), for intervenors.
David Cosson, Washington, D.C. (Paul G. Daniel with him, on brief, for The Reservation Telephone Cooperative, et al.; also on brief were Paul Rodgers, General Counsel, Charles D. Gray, Asst. Gen. Counsel, and Genevieve Morelli, Deputy Asst. Gen. Counsel, National Ass'n of Regulatory Utility Commissioners, Washington, D.C.), for intervenors.
William Malone, Stamford, Conn., James R. Hobson of Washington, D.C., and James V. Carideo, of counsel, Tampa, Fla., filed a brief, for intervenor General Telephone Co. of Florida.
Before SEYMOUR, SETH and BALDOCK, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Petitioner challenges a declaratory order of the Federal Communications Commission (FCC or Commission). The order would preempt state utility commissions from altering the sampling periods employed by local telephone companies to separate the costs of equipment used in both interstate and intrastate service and to divide interstate revenues among themselves. We affirm.
I.
The FCC and state utility commissions regulate charges...
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