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METROPCS CALIFORNIA, LLC v. F.C.C.

No. 10-1003.

644 F.3d 410 (2011)

METROPCS CALIFORNIA, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 2011.

Attorney(s) appearing for the Case

Stephen B. Kinnaird argued the cause for petitioner. With him on the briefs were Carl W. Northrop , and Michael Lazarus. ,

Laurence N. Bourne , Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Catherine G. O'Sullivan , and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communications Commission, Jacob M. Lewis , Acting Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel., Robert B. Nicholson , Attorney, U.S. Department of Justice, and Daniel M. Armstrong III , Associate General Counsel, Federal Communications Commission, entered appearances.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Providers of commercial mobile radio services must pay "reasonable compensation" to local exchange carriers for traffic that starts with the provider and ends in the carrier's network. 47 C.F.R. § 20.11(b)(2). The question in this case is whether the Federal Communications Commission erred in allowing a state agency to determine this rate for traffic that is wholly intrastate. For the reasons set forth below, we conclude that the FCC...

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