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Isiogu v. Michigan Bell Telephone Co.

Docket No.10-329
Op. Below6th Circuit
ArgumentMar 30, 2011

Holding

Because the FCC has advanced a reasonable interpretation of its regulations i.e., that to satisfy its duty under "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 Clarence Thomas on Jun 9, 2011. Justice Scalia filed a concurring opinion. (Kagan, J., recused.)

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