SBC Communications, Inc. v. FCC

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
Citation(s) 154 F.3d 226; 1998-2 Trade Cases ¶ 72,256
Court membership
Judge(s) sitting E. Grady Jolly, Jerry Edwin Smith, Rhesa Hawkins Barksdale
Case opinions
Majority Jolly, joined by Barksdale
Dissent Smith

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.

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

  1. ↑ SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998).
  2. ↑ SBC Communications,, 154 F.3d at 232.
  3. ↑ Kang, Jerry. Communications Law and Policy Cases and Materials, Third Edition. Foundation Press, New York, 2009, p. 676
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