United States DC Circuit

In an action against a provider of switching services for calls made from pay phones, FCC orders finding petitioner-provider liable and awarding damages are affirmed in part and reversed in part where: 1) the FCC reasonably interpreted its own regulations regarding such payments; but 2) the FCC's failure to enforce its filing deadline was arbitrary and capricious.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• Before: SENTELLE, Chief Judge, and BROWN and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael H. Pryor argued the cause for petitioner.   With him on the briefs was Kemal Hawa., Michael E. Glover, Karen Zacharia, and Aaron M. Panner were on the brief for amicus curiae Verizon in support of neither party.  Joshua E. Swift entered an appearance.


• For Appellees:
  
• Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents.   On the brief were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, Acting General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Richard K. Welch, Acting Deputy Associate General Counsel, and James M. Carr, Counsel.   Daniel M. Armstrong, Associate General Counsel, and Joel Marcus, Counsel, entered appearances., Albert H. Kramer, Robert F. Aldrich, and Allan C. Hubbard were on the brief for intervenor APCC Services, Inc. in support of the respondents.  Ira R. Mitzner entered an appearance.