VONAGE HOLDINGS CORP. v. FCC

Nos. 06-1276, 06-1317.

489 F.3d 1232 (2007)

VONAGE HOLDINGS CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Verizon Communications Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2007.


Attorney(s) appearing for the Case

Glenn B. Manishin, argued the cause for petitioner Computer and Communications Industry Association. With him on the briefs were Jonathan E. Canis and Stephanie A. Joyce.

Christopher J. Wright, argued the cause for petitioner Vonage Holdings Corporation. With him on the briefs were Scott Blake Harris, Brita D. Strandberg, and Stephanie Weiner.

Ross A. Buntrock and Michael B. Hazzard, were on the briefs for intervenor Voice on the Net Coalition, Inc. in support of petitioner.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Eric D. Miller, Deputy General Counsel, Richard K. Welch, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel.

David C. Bergmann, was on the brief for intervenor National Association of State Utility Consumer Advocates.

Michael E. Glover, Edward Shakin, Christopher M. Miller, Helgi C. Walker, Joshua S. Turner, and Megan L. Brown, were on the brief for intervenor Verizon Communications Inc.

Before: TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Petitioners, providers of voice over internet protocol services (VoIP), challenge a Federal Communications Commission order requiring them to contribute to the Universal Service Fund (USF). Specifically, they claim that, in requiring such contributions, the Commission exceeded its authority under the Telecommunications Act of 1996 and acted arbitrarily and capriciously by (1) analogizing...

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