National Rural Telecom Ass'n v. Federal Communications Commission

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

STEPHEN F. WILLIAMS, Circuit Judge:

At issue in this appeal are two Federal Communications Commission orders implementing “price cap” rate regulation for the interstate services of local telephone exchange companies (“LECs”). Policy and Rules Concerning Rates for Dominant Carriers, Second Report and Order, 5 FCC Red 6786 (1990) (“LEC Price Cap Order”), on reconsideration, 6 FCC Red 2637 (1991) (“LEC Reconsideration Order ”). Under the orders, all the Bell and GTE companies must shift to price cap regulation; all other LECs may…