Verizon v. FCC, No. 13-1220 (D.C. Cir. 2014)
Annotate this CaseThis case concerns Congress's requirement that the FCC establish rules prescribing a Uniform System of Accounts for use by telephone companies. The Commission adopted a new accounting system in 1986 (Part 32) to respond to the introduction of competition and new services. Section 10(a), 47 U.S.C. 160, provided the FCC with the authority to forbear from enforcing provisions of the Communication Act as well as its own regulations. Petitioners, Verizon and AT&T, appealed the FCC's denial of their petition to forbear from applying the requirement that incumbent price cap carriers maintain a Uniform System of Accounts. Petitioners argued that the switch to price cap regulation has rendered Part 32 useless, and section 10 therefore requires the FCC to forebear from applying it to incumbent price cap carriers. The court concluded that the FCC reasonably concluded that it continued to need Part 32 data to ensure that access rates were not discriminatory. Accordingly, the court concluded that the FCC's interpretation and application of section 10 are permissible and denied the petition for review.
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