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COMMUNICATIONS VENDING CORP. OF ARIZONA v. F.C.C.

Nos. 02-1364, 03-1010 & 03-1012.

365 F.3d 1064 (2004)

COMMUNICATIONS VENDING CORPORATION OF ARIZONA, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. ABTEL Communications, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 2004.

Attorney(s) appearing for the Case

Katherine J. Henry argued the cause for IPP petitioners. With her on the briefs was Albert H. Kramer.

Aaron M. Panner argued the cause for LEC petitioners. With him on the briefs were Michael E. Glover, Edward H. Shakin, John M. Goodman, and Gary L. Phillips.

Michael J. Thompson was on the brief for intervenors ABTEL Communications, Inc., et al. in support of PSP petitioners.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Robert H. Pate III, Assistant Attorney General; Robert B. Nicholson and Robert J. Wiggers, Attorneys; John A. Rogovin, General Counsel, Federal Communications Commission; John E. Ingle, Deputy Associate General Counsel; and Laurel R. Bergold, Counsel.

Albert H. Kramer argued the cause for IPP intervenors in support of respondents. With him on the brief was Katherine J. Henry.

Aaron M. Panner argued the cause for LEC intervenors in support of respondents. With him on the brief were Michael E. Glover, Edward Shakin, John M. Goodman, and Gary L. Phillips.

Before: SENTELLE, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In these consolidated cases, we consider challenges to the Federal Communications Commission's ruling that local telephone companies unreasonably imposed certain end-user charges on independent payphone providers from 1986 to 1997. One set of petitioners, local telephone companies, argues that the Commission had no basis for finding them liable. Another set of petitioners, independent...

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