SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998),[1] was a case decided by the United States Court of Appeals for the Fifth Circuit that upheld §§ 271-275 of the Telecommunications Act of 1996 as constitutional against a challenge that the provisions acted as a bill of attainder.
| SBC Communications, Inc. v. FCC | |
|---|---|
 | |
| Court | United States Court of Appeals for the Fifth Circuit |
| Full case name | SBC Communications, Inc. v. FCC |
| Decided | September 4, 1998 |
| Citations | 154 F.3d 226; 1998-2 Trade Cases ¶ 72,256 |
| Court membership | |
| Judges sitting | E. Grady Jolly, Jerry Edwin Smith, Rhesa Barksdale |
| Case opinions | |
| Majority | Jolly, joined by Barksdale |
| Dissent | Smith |
Factual background
editSections 271-275 of the Telecommunications Act of 1996 place limitations on the entrance of the Regional Bell Operating Companies (RBOCs) into the in-region long-distance service market.[2] SBC Communications challenged these provisions as a bill of attainder that singled out the RBOCs for punishment.
Decision
editThe Fifth Circuit upheld the statute, holding that §§ 271-275 were not punitive in nature and thus could not be considered a bill of attainder.[3]
References
edit- ^ SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998).
- ^ SBC Communications,, 154 F.3d at 232.
- ^ Kang, Jerry. Communications Law and Policy Cases and Materials, Third Edition. Foundation Press, New York, 2009, p. 676
External links
edit- Text of SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998) is available from: CourtListener Google Scholar Justia