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 | |
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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
Sections 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
The 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
External links
- Text of SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998) is available from: CourtListener Google Scholar Justia
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