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

No. 11-1094.

685 F.3d 1083 (2012)

RURAL CELLULAR ASSOCIATION and Universal Service for America Coalition, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents National Association of State Utility Consumer Advocates and Verizon, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2012.

Attorney(s) appearing for the Case

Todd D. Daubert argued the cause for petitioners. With him on the briefs were Jennifer A. Morrissey , J. Isaac Himowitz , Richard P. Bress , Matthew A. Brill , and Katherine I. Twomey .

Maureen K. Flood , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the briefs were Robert B. Nicholson and Kristen C. Limarzi , Attorneys, U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Deputy Associate General Counsel, and James M. Carr , Counsel.

Opinion for the Court filed by Senior Circuit Judge GINSBURG.

GINSBURG, Senior Circuit Judge:

The Rural Cellular Association and the Universal Service for America Coalition (together the RCA) petition for review of an Order of the Federal Communications Commission amending the "interim cap rule," which limits at 2008 levels the amount of support available to competitive eligible telecommunications carriers (CETCs) through the High-Cost Universal Service Support Program. In the order under review, the Commission amended the interim...

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