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SELF v. BELLSOUTH MOBILITY, INC.

No. 11-13998.

700 F.3d 453 (2012)

Martha SELF, an Individual, Plaintiff-Appellant, v. BELLSOUTH MOBILITY, INC., a Corporation, American Cellular Communications Corporation, Cingular Wireless, LLC, Defendants-Third Party Plaintiffs-Appellees, GTE Wireless Incorporated, a Corporation, et al., Defendants, AT&T Mobility, LLC, Defendant-Appellee, Federal Communications Commission, et al., Third Party Defendants.

United States Court of Appeals, Eleventh Circuit.

October 30, 2012.

Attorney(s) appearing for the Case

W. Cone Owen, Jr. , William W. Smith , Smith & Alspaugh, PC, George M. Boles , Weaver & Boles, Birmingham, AL, Jack Lee Roberts, Jr. , Turnbach, Warren, Roberts & Lloyd, PC, Gadsden, AL, for Plaintiff-Appellant.

Jeffrey Edward Holmes , Gilpin Givhan, PC, Birmingham, AL, for Defendants-Appellees.

Before TJOFLAT, CARNES and JORDAN, Circuit Judges.

CARNES, Circuit Judge:

Spurred on by Congress, the Federal Communications Commission issued an order requiring telecommunications carriers to make payments into a Universal Service Fund for subsidizing services for certain categories of consumers. The carriers' mandatory payments into the fund were calculated based on their interstate and intrastate revenues. The FCC allowed the carriers to recover the amount of their payments by charging their customers a monthly...

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