Hawaiian Telephone Company v. Federal Communications Commission and the United States of America

WILKEY, Circuit Judge:

Hawaiian Telephone Company [HTC] seeks review of an order of the Federal Communications Commission granting authority to RCA Global Communications, Inc. [RCA] to provide private-line voice-only telephone service between the United States Mainland and Hawaii. We find that the FCC did not comply with its statutory mandate, and therefore remand to the FCC for further action in conformity with our opinion.

I. THE NATURE OF COMMUNICATIONS SERVICE TO HAWAII

At issue is the nature and scope of communications service to be available between the U. S. Mainland and Hawaii. Service…