The Public Utilities Commission of the State of California v. United States of America and Federal Communications Commission

Petitioner, the Public Utilities Commission of the State of California, appears in its capacity as a representative of the People of the State of California and for itself as a regulatory agency and as a telephone ratepayer. It asks this court to review and set aside a Memorandum Opinion and Order of the Federal Communications Commission (hereafter the Commission) dismissing its petition for a rehearing in a Commission proceeding entitled “Special Meeting with Regard to Bell System Interstate Earnings.” Jurisdiction to review the Commission’s action dismissing the petition for rehearing rests upon Section 402(a) of the Communications Act, as amended 47 U.S.C. § 402 (a) and the Judicial Review Act, 5 U.S.C. §§ 1031-1042 .

Pursuant to its auhority to regulate interstate telephone rates, the Commission from time to time holds what it deems “informal” conferences with representatives of the Bell System companies as part of its policy of “continuing surveillance” over interstate rates. The controversy here grew out of a series of such meetings held for six days spread over a period of several months in 1964. At these meetings the Commission heard presentations by Bell System and…