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CONFERENCE GROUP, LLC v. F.C.C.

No. 12-1124.

720 F.3d 957 (2013)

The CONFERENCE GROUP, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States Of America, Respondents Cisco Webex LLC, Intervenor for Petitioner Verizon and Verizon Wireless, Intervenors for Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2013.

Attorney(s) appearing for the Case

Ross A. Buntrock argued the cause for petitioner. With him on the briefs was Michael B. Hazzard .

Christopher J. Wright argued the cause for intervenor Cisco WebEx LLC. With him on the briefs was Brita D. Strandberg .

Joel Marcus , Counsel, Federal Communications Commission, argued the cause for respondent. On the brief were Robert B. Nicholson and Nickolai G. Levin , U.S. Department of Justice, Attorneys, and Sean A. Lev , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Deputy Associate General Counsel, and Laurel R. Bergold , Attorney.

Helgi C. Walker argued the cause for intervenors Verizon, et al. With her on the brief were Elbert Lin , Michael E. Glover , and Christopher M. Miller .

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 2008 the Federal Communications Commission decided that the audio bridging services provided by InterCall, Inc. are properly classified as "telecommunications" under the Communications Act of 1934, as amended, and thereby obligate it and "similarly situated" providers to contribute directly to the Universal Service Fund ("USF"), 47 U.S.C. § 254(d). The Conference Group, joined by intervenor Cisco WebEx, contends that the Commission converted...

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