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VERIZON TELEPHONE COMPANIES v. F.C.C.

Nos. 04-1331, 04-1332.

453 F.3d 487 (2006)

VERIZON TELEPHONE COMPANIES, et al., 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 20, 2006.

Attorney(s) appearing for the Case

Sean A. Lev argued the cause for petitioners. With him on the briefs were Michael K. Kellogg, Mark L. Evans, Scott H. Angstreich, Michael E. Glover, Edward Shakin, James G. Harralson, and Bennett L. Ross. Richard M. Sbaratta entered an appearance.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, III, Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Robert B. Nicholson, Attorneys, and John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel. John A. Rogovin and Samuel L. Feder, Counsel, entered appearances.

Judy Sello, David W. Carpenter, and David L. Lawson were on the brief for intervenor AT & T Corporation. James P. Young entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

This matter involves the use of an accounting rule, "add-back," in a complex area of regulation addressing the rates charged by local telephone exchange carriers for access to their networks. Its resolution, however, is relatively straightforward because, at its core, petitioners' challenge cannot overcome the broad delegation of power Congress has given the Federal Communications...

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