Mountain Communications, Inc. v. Federal Communications Commission

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Mountain Communications, Inc. is a paging carrier that petitions for review of an FCC order dismissing its complaint against Qwest-the local exchange carrier (LEC) serving the areas where Mountain operates-for charging petitioner two types of fees. The dispute between the carriers as to one of the fees evaporated at oral argument, but we hold that the FCC’s decision as to the other was arbitrary and capricious.

I

Mountain serves customers in three Colorado local calling areas: Colorado Springs,…