NATIONAL ASS'N OF STATE UTILITY v. F.C.C.

No. 02-1261.

372 F.3d 454 (2004)

NATIONAL ASSOCIATION OF STATE UTILITY CONSUMER ADVOCATES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. BellSouth Telecommunications, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2004.


Attorney(s) appearing for the Case

Billy J. Gregg argued the cause for petitioner. On the brief was Michael J. Travieso.

Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel.

Michael K. Kellogg argued the cause for intervenors BellSouth Telecommunications, Inc., et al. With him on the brief were Aaron M. Panner, Scott H. Angstreich, Gary L. Phillips, Jeffry A. Brueggeman, H. Richard Juhnke, Jay C. Keithley, Michael E. Glover, Edward Shakin, Joseph DiBella, and Robert B. McKenna.

Before: GINSBURG, Chief Judge, and EDWARDS and ROGERS, Circuit Judge.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The National Association of State Utility Consumer Advocates (NASUCA) petitions for review of an order of the Federal Communications Commission adjusting the manner in which Local Exchange Carriers (LECs) may recover the fixed costs they incur in providing service to residential and single-line business customers. NASUCA claims the approach adopted by the Commission violates the "universal...

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