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VERMONT PUBLIC SERVICE BD. v. F.C.C.

No. 10-1184.

661 F.3d 54 (2011)

VERMONT PUBLIC SERVICE BOARD and Maine Public Utilities Commission, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Qwest Communications International Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 2011.

Attorney(s) appearing for the Case

James Hardwick Lister argued the cause for petitioners. With him on the briefs were Elisabeth H. Ross , David Edward Lampp , Andrew Hagler , Lisa C. Fink , and Paul Stern , Deputy Attorney General, Office of the Attorney General for the State of Maine. Joel B. Shifman entered an appearance.

Maureen K. Flood , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Catherine G. O'Sullivan and Nancy C. Garrison , Attorneys.

U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Acting Associate General Counsel, and James M. Carr , Counsel. Daniel M. Armstrong III , Associate General Counsel, Federal Communications Commission, entered an appearance.

Helgi C. Walker argued the cause for intervenors Verizon and NASUCA. With her on the brief were Brett A. Shumate , Michael E. Glover , Edward Shakin , Christopher M. Miller , John T. Scott III , and David Bergmann . Christopher J. White entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Pursuant to the Telecommunications Act of 1996, the Federal Communications Commission, through its Universal Service Program, provides subsidies to ensure that low-income consumers, schools, health care providers, and libraries have access to advanced telecommunications services and that rates and services in rural areas are "reasonably comparable" to rates and services in urban areas. In this case, we review a Commission order declining to increase...

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