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VIRGIN ISLANDS TELEPHONE CORP. v. F.C.C.

No. 04-1352.

444 F.3d 666 (2006)

VIRGIN ISLANDS TELEPHONE CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents AT & T Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2006.

Attorney(s) appearing for the Case

Helgi C. Walker argued the cause for petitioner. With her on the briefs were Gregory J. Vogt, Eve Klindera Reed, and Kelion N. Kasler.

Scott H. Angstreich argued the cause for intervenors and amici curiae United States Telecom Association, et al. in support of petitioner. With him on the briefs were Michael K. Kellogg, Sean A. Lev, Stuart Buck, Richard A. Askoff, Daniel Mitchell, Gerard J. Duffy, Karen Brinkmann, Bennett L. Ross, James D. Ellis, Gary L. Phillips, Michael E. Glover, and Edward Shakin.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief was Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission.

Judy Sello, Mart Vaarsi, David W. Carpenter, David L. Lawson, and Joseph R. Palmore were on the brief of intervenor AT & T Corp.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The Virgin Islands Telephone Corporation ("Vitelco") provides local telephone service in the U.S. Virgin Islands. AT & T, like all providers of long-distance phone service, pays interstate access charges to Vitelco when Vitelco completes AT & T's customers' calls to the Islands. At issue in this case are the rates that Vitelco charged AT & T for this service from July...

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