United States DC Circuit

In a case involving two kinds of prepaid calling cards, internet protocol transport cards and menu-driven cards, and the FCC's finding that both kinds offer telecommunications services, subjecting providers to certain charges and fees, petition for review challenging the order's lack of retroactivity as to menu-driven cards is granted as there was nothing in the record justifying the decision to foreclose retroactive application of the order's statutory interpretation to menu-driven cards in the calculation of a provider's liability for access charges.

Appellate Information

• Argued 10/02/2007
• Decided 12/04/2007
• Published 12/04/2007

Judges

• Before:  SENTELLE and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven J. Perfrement argued the cause for petitioner Qwest Services Corporation.   With him on the briefs was Robert B. McKenna., Bruce D. Sokler argued the cause for petitioner iBasis, Inc. On the briefs were Michael H. Pryor, Kemal Hawa, Robert G. Kidwell, and Helen Gerostathos Guyton., Helgi C. Walker argued the cause for intervenors AT & T Corporation and Verizon Communications Inc. With her on the brief were Michael E. Glover, Edward Shakin, Christopher M. Miller, Eve Klindera Reed, Gary L. Phillips, David W. Carpenter, and James P. Young.  Christopher T. Shenk and David L. Lawson entered appearances.


• For Appellees:
  
• Richard K. Welch, Associate General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.  Eric D. Miller, Counsel, entered an appearance.