New England Telephone and Telegraph Company, Etc. v. Public Utilities Commission of Maine
Court of Appeals for the First Circuit
1Opinion of the Court
BREYER, Circuit Judge.
In this case a private party seeks to enforce, a decision of the Federal Communications Commission against a recalcitrant state utilities commission. The FCC promulgated a rule that required state public utility commissions to follow a certain method for calculating depreciation of telephone company equipment. The Public Utilities Commission of Maine (the “P.U. C.”) evidently ignored the FCC rule. The private party, namely the New England Telephone Company, invoking the authority of section 401(b) of the Federal Communications Act, 47 U.S.C. § 401(b), obtained a federal…
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