United States DC Circuit

In challenge by an Alaska local-exchange carrier to an FCC order finding that appellant exceeded its permissible rate of return, the Commission's interim intrastate classification of ISP-related costs was not arbitrary, and remand is necessary to address 1) rate-of-return violations for a period cut short by 47 U.S.C. section 204(a)(3), and 2) proper calculation of pre-judgment interest.

Appellate Information

• Argued 03/04/2002
• Decided 05/21/2002
• Published 05/21/2002

Judges

• Before:  EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard P. Bress argued the cause for petitioner.   With him on the briefs were Karen Brinkmann and Richard R. Cameron., Jeffrey J. Peck and David W. Zesiger were on the brief for amicus curiae Independent Telephone and Telecommunications Alliance in support of petitioner.  Lewis A. Tollin entered an appearance., Joe D. Edge argued the cause and filed the brief for intervenor General Communication, Inc.   With him on the brief were Tina M. Pidgeon and Kathleen S. O'Neill.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Laurel R. Bergold, Counsel, Federal Communications Commission, and Charles A. James, Assistant Attorney General, and Robert B. Nicholson and Robert Wiggers, Attorneys, U.S. Department of Justice.  Laurence N. Bourne, Counsel, Federal Communications Commission, entered an appearance.