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SOUTHERN BELL TEL. & TEL. CO. v. F.C.C.

No. 84-1638.

781 F.2d 209 (1986)

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, New York Telephone Co., et al., Mountain States Telephone & Telegraph Co., et al., Bell Atlantic Telephone Companies, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 1986.

As Amended January 17, 1986.

Attorney(s) appearing for the Case

Michael A. Tanner, with whom Vincent L. Sgrosso and Frederick W. Johnson were on brief for petitioner.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Com'n, with whom Jack D. Smith, General Counsel, Daniel M. Armstrong, Associate General Counsel, Jane E. Mago, Counsel, Federal Communications Com'n, Catherine O'Sullivan and Andrea Limmer, Attys., Dept. of Justice were on brief for respondents.

Robert B. McKenna, Robert W. Barker and Luisa L. Lancetti were on brief for intervenors Mountain States Tele. & Tel. Co., et al.

Saul Fisher entered an appearance for intervenor New York Telephone Co., et al.

Before WALD, MIKVA and GINSBURG, Circuit Judges.

WALD, Circuit Judge:

Petitioner Southern Bell Telephone and Telegraph Company ("Southern Bell") challenges an order of the Federal Communications Commission ("FCC" or "Commission") prescribing depreciation rates. In 1983, the Commission set Southern Bell's depreciation rates in accordance with the "remaining life" method first adopted in a 1980 rulemaking. Southern Bell had requested higher depreciation rates based on a method which would more rapidly write down depreciation...

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