Florida Public Telecommunications Association, Inc. v. Federal Communications Commission and United States of America, at & T Corporation, Intervenors

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This case turns on the meaning of one phrase in a subsection of the Telephone Operator Consumer Services Improvement Act of 1990 (“TOCSIA”). Section 226(e)(2) directs the Federal Communications Commis sion to

consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones.

47 U.S.C. §…