CROCKETT TELEPHONE CO. v. F.C.C.

No. 90-1604.

963 F.2d 1564 (1992)

CROCKETT TELEPHONE COMPANY, Ooltewah-Collegedale Telephone Company, Peoples Telephone Company, West Tennessee Telephone Company, and ALLTEL Tennessee, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United States Telephone Association Public Service Commission of Wisconsin National Association of Regulatory Utility Commissioners Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 1992.


Attorney(s) appearing for the Case

David R. Poe, with whom Loretta J. Garcia, Washington, D.C., Hermann Ivester, H. Edward Skinner and Valerie F. Boyce, Little Rock, Ark., for ALLTEL Tennessee, Inc., and T.G. Pappas, Nashville, Tenn., for Crockett Telephone Co., Ooltewah-Collegedale Telephone Co., Peoples Telephone Co., and West Tennessee Telephone Co. were on the joint brief, for petitioners.

Laurel R. Bergold, Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, and James F. Rill, Asst. Atty. Gen., Catherine O'Sullivan, and Robert Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

William Malone and Martin T. McCue, Washington, D.C., were on the brief for intervenor U.S. Telephone Ass'n.

Michael S. Varda and Steven M. Schur, Madison, Wis., were on the brief for Public Service Com'n of Wisconsin.

Paul Rodgers, Charles D. Gray, and James Bradford Ramsay, Washington, D.C., were on the brief for intervenor Nat. Ass'n of Regulatory Utility Com'rs.

Henry Walker was on the brief for amicus curiae urging that the petition for review be dismissed.

Before: EDWARDS, SENTELLE, and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Several local exchange companies engaged in the carriage of both intrastate and interstate telephone communications (collectively "carriers" or "petitioners") seek review of an order of the Federal Communications Commission ("FCC" or the "Commission") in which the Commission affirmed the validity of an intrastate ratemaking methodology employed by several states. Petitioners argue...

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