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SBC Communications, Inc. v. FCC

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SBC Communications, Inc. v. FCC
CourtUnited States Court of Appeals for the Fifth Circuit
Full case name SBC Communications, Inc. v. FCC
DecidedSeptember 4, 1998
Citations154 F.3d 226; 1998-2 Trade Cases ¶ 72,256
Court membership
Judges sittingE. Grady Jolly, Jerry Edwin Smith, Rhesa Barksdale
Case opinions
MajorityJolly, joined by Barksdale
DissentSmith

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

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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

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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

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  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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