Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Talk America Inc. v. Michigan Bell Telephone Co.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
10-313 6th Cir. Mar 30, 2011
Tr.Aud.
Jun 9, 2011 8-0 Thomas OT 2010

Holding: Because the FCC has advanced a reasonable interpretation of its regulations i.e., that to satisfy its duty under Section 251(c)(2) of the Telecommunications Act of 1996, a carrier must make its existing entrance facilities available to competitors at cost-based rates if the facilities are to be used for interconnection the Court will defer to the FCC's views. (Kagan, J., recused).

Plain English Holding: The Federal Communications Commission can bar AT&T from charging market rates for access to the equipment its competitors need to access AT&T's network.

Judgment: Reversed, 8-0, in an opinion by Justice Clarence Thomas on June 9, 2011. Justice Scalia filed a concurring opinion. (Kagan, J., recused).

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