IRREGULATORS v. FEDERAL COMMUNICATIONS COM'N

No. 19-1085.

953 F.3d 78 (2020)

IRREGULATORS, et al., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2020.


Attorney(s) appearing for the Case

W. Scott McCollough argued the cause and filed briefs for petitioners.

Matthew J. Dunne , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Robert Nicholson and Kathleen Simpson Kiernan , Attorneys, U.S. Department of Justice, Thomas M. Johnson Jr. , General Counsel, Federal Communications Commission, Ashley Boizelle , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Robert J. Wiggers , Attorney, U.S. Department of Justice, Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, and Thaila Sundaresan , Counsel, entered appearances.

Gregory J. Vogt , Regina McNeil , Whippany, NJ, and Robert Deegan , Whippany, NJ, were on the brief for amici curiae National Exchange Carrier Association, Inc., et al. in support of respondents.

Before: Rogers and Katsas, Circuit Judges, and Williams, Senior Circuit Judge.


Six individual petitioners challenge a Federal Communications Commission order approving the continued use of admittedly outdated accounting rules for an ever-dwindling number of telephone companies whose pricing is governed by those rules. But those individuals have presented no evidence that the continuing application...

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