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RURAL CELLULAR ASS'N v. F.C.C.

Nos. 08-1284, 08-1285.

588 F.3d 1095 (2009)

RURAL CELLULAR ASSOCIATION, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION And United States of America, Respondents. AT&T Inc. and Verizon, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2009.

Attorney(s) appearing for the Case

David A. LaFuria argued the cause for petitioners. With him on the briefs were Russell D. Lukas and David L. Nace.

Donald J. Evans was on the brief for amicus curiae Corr Wireless Communications, LLC in support of petitioners.

Maureen K. Flood, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Robert B. Nicholson and Kristen C. Limarzi, Attorneys, U.S. Department of Justice, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Richard K. Welch, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Helgi C. Walker argued the cause for intervenors AT & T Inc. and Verizon. With her on the brief were Michael E. Glover, Edward Shakin, Christopher M. Miller, John T. Scott III, and Gary L. Phillips.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Petitioners—wireless telephone service providers serving primarily small and rural markets—challenge the Federal Communications Commission's (FCC or the Commission) decision to impose an interim cap on rapidly escalating subsidy payments. The universal support subsidy, intended to ensure adequate, reasonably priced service for residents of rural, sparsely populated, or hard-to-reach areas, increased by more than a billion dollars...

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