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BEEHIVE TELEPHONE CO., INC. v. F.C.C.

No. 98-1293.

180 F.3d 314 (1999)

BEEHIVE TELEPHONE COMPANY, INC., and Beehive Telephone Inc., Nevada, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. AT&T Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1999.

Attorney(s) appearing for the Case

Russell D. Lukas argued the cause and filed the briefs for petitioners.

K. Michele Walters, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.

James P. Young argued the cause for intervenor. With him on the brief were Mark C. Rosenblum, Peter H. Jacoby, and Peter D. Keisler. David W. Carpenter entered an appearance.

Before: GINSBURG and ROGERS, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Federal Communications Commission determined that the rate Beehive Telephone Company charged interexchange carriers (IXCs) for local switching service was unjust and unreasonable, and it ordered the Company to refund the overcharges. Beehive sought reconsideration of that decision, which the Commission granted in part and denied in...

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