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ALLTEL CORP. v. F.C.C.

Nos. 86-1639, 86-1654, 87-1749 and 87-1802.

838 F.2d 551 (1988)

ALLTEL CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Exchange Carrier Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

David R. Poe, with whom Taylor R. Briggs, Gwenellen P. Janov, New York City, and Jon F. Kelly, Washington, D.C., were on brief, for petitioner in Nos. 86-1639 and 87-1749.

Margot Smiley Humphrey, with whom Charles R. Naftalin and Peter M. Connolly, Washington, D.C., were on brief, for petitioner in Nos. 86-1654 and 87-1802 and intervenor in No. 87-1749.

Laurel R. Bergold, Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Deputy Associate Gen. Counsel, F.C.C. and Robert B. Nicholson and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents in Nos. 86-1639, 86-1654, 87-1749 and 87-1802.

Timothy W. Bergin and Herbert E. Marks, Washington, D.C., entered appearances for intervenor Nat. Exchange Carrier Ass'n, Inc. in Nos. 86-1639 and 86-1654.

Before WALD, Chief Judge, BORK, Circuit Judge, and GASCH, District Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

These petitions were brought by ALLTEL Corp. ("ALLTEL") and Telephone and Data Systems, Inc. ("TDS") for review of orders of the Federal Communications Commission ("FCC" or "Commission") regarding the modification of the Commission's rules on the eligibility of local exchange carriers to use an average schedule method rather than an actual cost method for determining costs attributable...

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