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ILLINOIS PUBLIC TELECOMMUNICATIONS ASS'N v. F.C.C.

Nos. 13-1059, 13-1083, 13-1149.

752 F.3d 1018 (2014)

ILLINOIS PUBLIC TELECOMMUNICATIONS ASSOCIATION, Petitioner 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 June 13, 2014.

Attorney(s) appearing for the Case

Michael W. Ward argued the cause for petitioners Illinois Public Telecommunications Association and Payphone Association of Ohio, Inc. Keith J. Roland argued the cause for petitioner Independent Payphone Association of New York. With them on the briefs were Albert H. Kramer , Donald J. Evans , and Daniel S. Blynn .

Sarah E. Citrin , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Shana M. Wallace , Attorneys, Suzanne M. Tetreault , Deputy General Counsel, Federal Communications Commission, Jacob M. Lewis , Associate General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Joel Marcus , Attorney, Federal Communications Commission, entered an appearance.

Aaron M. Panner argued the cause for intervenors. With him on the brief were Gary L. Phillips , Michael E. Glover , and Christopher M. Miller .

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Once upon a time, the only way to call home from a roadside rest stop or neighborhood diner was to use a payphone. Some payphones were owned by independent payphone providers. Other payphones were owned by Bell Operating Companies. The Bell Operating Companies also happened to own the local phone lines. To ensure fair competition in the payphone market, Congress prohibited Bell Operating Companies from exploiting their control over the local...

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