United States DC Circuit

Defendant arbitrarily and capriciously dismissed a complaint brought by a paging carrier against a local exchange carrier (LEC) that seeks to collect fees from plaintiff for tolls it is unable to charge its own customers. In allowing the LEC to charge plaintiff for traffic originating on the LEC's network, defendant ran afoul of 47 C.F.R. section 51.703(b).

Appellate Information

• Argued 11/18/2003
• Decided 01/16/2004
• Published 01/16/2004

Judges

• Before:  SENTELLE and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Benjamin J. Aron argued the cause for petitioner.   With him on the briefs was Robert H. Schwaninger, Jr., Charles W. McKee argued the cause for Wireless Carrier intervenors T-Mobile USA, Inc., et al., in support of petitioner.   With him on the briefs were Luisa A. Lancetti, Doanne F. Kiechel, Thomas J. Sugrue, David M. Wilson, Laura R. Handman, Jonathan E. Canis, and Douglas I. Brandon., Robert B. McKenna, Jr. argued the cause for intervenors Qwest Communications International Inc., et al., and amici curiae Verizon Telephone Companies.   With him on the brief were Michael E. Glover, John M. Goodman, and Edward H. Shakin.


• For Appellees:
  
• Stewart A. Block, Counsel, Federal Communications Commission, argued the cause for respondents.   On the briefs were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.