Illinois Bell Telephone Company v. Federal Communications Commission and United States of America

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The petitioners seek review of an order of the Federal Communications Commission modifying the rules for determining the interstate rate base of so-called dominant telecommunications carriers, viz. all local exchange telephone companies, AT & T, and certain international carriers. The Commission excluded from the rate base certain categories of assets that it deemed not “used and useful” in providing telephone service. The petitioners argue that, as a result, they are deprived of a reasonable return on…