United States DC Circuit

A petition for review of an order finding that a provider of local telephone service in the U.S. Virgin Islands was liable to a provider of long-distance phone service for certain damages resulting from overearnings during a certain period is granted in part where a determination that petitioner was liable for retroactive refunds for a period covered by a tariff was arbitrary and capricious.

Appellate Information

• Argued 11/14/2005
• Decided 04/11/2006
• Published 04/11/2006

Judges

• Before:  SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Helgi C. Walker argued the cause for petitioner.   With her on the briefs were Gregory J. Vogt, Eve Klindera Reed, and Kelion N. Kasler., Scott H. Angstreich argued the cause for intervenors and amici curiae United States Telecom Association, et al. in support of petitioner.   With him on the briefs were Michael K. Kellogg, Sean A. Lev, Stuart Buck, Richard A. Askoff, Daniel Mitchell, Gerard J. Duffy, Karen Brinkmann, Bennett L. Ross, James D. Ellis, Gary L. Phillips, Michael E. Glover, and Edward Shakin., Judy Sello, Mart Vaarsi, David W. Carpenter, David L. Lawson, and Joseph R. Palmore were on the brief of intervenor AT & T Corp.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission.