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NAT. EXCHANGE CARRIER ASSN. v. F.C.C.

No. 00-1055

253 F.3d 1 (2001)

National Exchange Carrier Association, Inc., Petitioner v. Federal Communications Commission and United States of America, Respondents National Telephone Cooperative Association, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2001

Attorney(s) appearing for the Case

Richard A. Askoff argued the cause for petitioner. With him on the briefs were Kenneth A. Levy and Judith L. Harris.

L. Marie Guillory and Daniel Mitchell were on the brief for intervenor National Telephone Cooperative Association.

Laurel R. Bergold, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, A. Douglas Melamed, Acting Assistant Attorney General at the time the brief was filed, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys.

Before: Edwards, Chief Judge, Ginsburg and Tatel, Circuit Judges.

Per curiam

The National Exchange Carrier Association challenges an order of the Federal Communications Commission adopting a formula for distributing money from the Universal Service Fund (USF) to subsidize high-cost telephone service providers and thereby promote telephone subscribership. The petitioner claims that the Commission's order violates the Administrative Procedure Act because it arbitrarily and capriciously undercompensates telephone service providers...

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