United States DC Circuit

A petition for review of an FCC requirement that petitioners' tariffs for certain years comply with an "add-back" accounting rule is denied in part and dismissed in part where the FCC reasonably applied its "quasi-legislative authority," under 47 U.S.C. section 204(a)(1) in rejecting petitioners' suspended tariffs for failing to apply add-back.

Appellate Information

• Argued 10/21/2005
• Decided 06/20/2006
• Published 06/20/2006

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sean A. Lev argued the cause for petitioners.   With him on the briefs were Michael K. Kellogg, Mark L. Evans, Scott H. Angstreich, Michael E. Glover, Edward Shakin, James G. Harralson, and Bennett L. Ross. Richard M. Sbaratta entered an appearance., Judy Sello, David W. Carpenter, and David L. Lawson were on the brief for intervenor AT & T Corporation.  James P. Young entered an appearance.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, III, Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Robert B. Nicholson, Attorneys, and John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.  John A. Rogovin and Samuel L. Feder, Counsel, entered appearances.