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VERIZON v. F.C.C.

No. 13-1220.

770 F.3d 961 (2014)

VERIZON and AT & T, Inc., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2014.

Attorney(s) appearing for the Case

Helgi C. Walker argued the cause for petitioners. With her on the briefs were Gary L. Phillips , Bennett L. Ross , Brett A. Shumate , Michael E. Glover , and Christopher M. Miller.   Christopher M. Heimann entered an appearance.

Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Nickolai G. Levin , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, Jacob M. Lewis , Associate General Counsel, and Laurel R. Bergold , Counsel.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Petitioners Verizon and AT & T appeal the FCC's denial of their petition to forbear from applying the requirement that incumbent price cap carriers maintain a Uniform System of Accounts. The Commission insists that the statutory preconditions for section 10 forbearance are not met, nor was its refusal arbitrary and capricious. We agree that the FCC's interpretation and application of section 10 are permissible and deny the petition...

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