United States DC Circuit

The court denied plaintiffs' petition for review of an FCC order changing the manner in which local exchange carriers can recover fixed costs incurred when providing services to residential customers, because the provision did not violate the Administrative Procedures Act or the Telecommunications Act.

Appellate Information

• Argued 11/24/2003
• Decided 06/29/2004
• Published 06/29/2004

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and ROGERS, Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Billy J. Gregg argued the cause for petitioner.   On the brief was Michael J. Travieso., Michael K. Kellogg argued the cause for intervenors BellSouth Telecommunications, Inc., et al.   With him on the brief were Aaron M. Panner, Scott H. Angstreich, Gary L. Phillips, Jeffry A. Brueggeman, H. Richard Juhnke, Jay C. Keithley, Michael E. Glover, Edward Shakin, Joseph DiBella, and Robert B. McKenna.


• For Appellees:
  
• Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel.