Worldcom, Inc. v. Federal Communications Commission

The Federal Communications Commission's decision to grant additional pricing flexibility to incumbent local exchange carriers was neither arbitrary nor capricious.

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Sentelle, Circuit Judge: Petitioners, WorldCom, AT&T, Time Warner Telecom, and other long distance telephone service providers, seek review of the FCC’s Fifth Report and Order and Further Notice of Proposed Rulemaking in In Re Access Charge Reform, 14 F.C.C.R. 14,221 (1999) (hereinafter “Order” or “Pricing Flexibility Order”). That order grants local exchange carriers (“LECs”) immediate pricing flexibility for some interstate access services and establishes procedures through which LECs may seek substantial additional relief from existing price cap regulation. Petitioners maintain that the Order is arbitrary, capricious, and contrary to law in that it violates the FCC’s statutory mandate to ensure “just and reasonable” prices for telecommunication services and promote the public interest. Several LECs–BellSouth, Qwest, SBC Communications, and Verizon–intervene in support of the FCC.

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Worldcom, Inc. v. Federal Communications Commission

The Federal Communications Commission's decision to grant additional pricing flexibility to incumbent local exchange carriers was neither arbitrary nor capricious.

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