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AT & T CORP. v. F.C.C.

No. 05-1171.

448 F.3d 426 (2006)

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

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2006.

Attorney(s) appearing for the Case

David W. Carpenter argued the cause for petitioner. With him on the briefs were David L. Lawson, James P. Young, Christopher T. Shenk, and Judy Sello.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel. Laurel R. Bergold, Counsel, entered an appearance.

Scott H. Angstreich argued the cause for intervenors. With him on the brief were Michael K. Kellogg, Mark L. Evans, Sean A. Lev, Michael E. Glover, Edward H. Shakin, and Bennett L. Ross.

Before: SENTELLE, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This case involves the proper ratemaking treatment of "OPEBs," post-retirement benefits other than pensions, including health and life insurance for retirees, following a change in the method of accounting for them. AT & T Corporation petitions for review of an order of the Federal Communications Commission allowing Verizon exogenous treatment of OPEB costs by treating those costs...

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