Brand X Internet Services v. Federal Communications Commissions

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 23, 2006
• Docket: 02-70518
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

BRAND X INTERNET SERVICES,  Petitioner, No. 02-70518 v.  FCC No. FEDERAL COMMUNICATIONS FCC-Act 2-77 COMMISSION, Respondent. 

EARTHLINK, INC.,  Petitioner, SBC COMMUNICATIONS, INC., No. 02-70684  Intervenor, FCC No. v. FCC-02-77 FEDERAL COMMUNICATIONS COMMISSION, Respondent. 

VERIZON TELEPHONE COMPANIES,  Verizon Internet Solutions d/b/a Verizon.Net, Petitioners, No. 02-70685  SBC COMMUNICATIONS, INC., Intervenor, FCC No. FCC-02-1100 v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.  825 826 BRAND X INTERNET SERVICES v. FCC

CONSUMER FEDERATION OF AMERICA;  CONSUMERS UNION; CENTER FOR DIGITAL DEMOCRACY, Petitioners, No. 02-70686 v.  FCC No. FCC-02-77 FEDERAL COMMUNICATIONS COMMISSION, Respondent. 

PEOPLE OF THE STATE OF  CALIFORNIA EX REL. BILL LOCKYER; PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, No. 02-70879 Petitioners,  FCC Nos. GN-00185 v. CS-02-52 FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA, Respondents.  BRAND X INTERNET SERVICES v. FCC 827

NATIONAL LEAGUE OF CITIES;  NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS; UNITED STATES CONFERENCE OF MAYORS; NATIONAL ASSOCIATION OF COUNTIES; TEXAS No. 02-71425 COALITION OF CITIES FOR UTILITY ISSUES,  FCC Nos. GN-00-185 Petitioners, CS-02-52 v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. 

CONESTOGA TOWNSHIP; PROVIDENCE  TOWNSHIP; MARTIC TOWNSHIP; BUCKINGHAM TOWNSHIP; EAST HEMPFIELD TOWNSHIP, No. 02-72251 Petitioners, v.  FCC No. FCC-02-52 FEDERAL COMMUNICATIONS ORDER COMMISSION, and UNITED STATES OF AMERICA, Respondents.  On Remand from the Supreme Court of the United States

Filed January 23, 2006 828 BRAND X INTERNET SERVICES v. FCC Before: Richard D. Cudahy,* Diarmuid F. O’Scannlain, and Sidney R. Thomas, Circuit Judges.

ORDER

In accordance with the Supreme Court’s decision in National Cable & Telecomms. Ass’n v. Brand X Internet Servs., 125 S. Ct. 2688 (2005), the Federal Communications Commission’s declaratory ruling is AFFIRMED.

*The Honorable Richard D. Cudahy, Senior United States Circuit Judge for the Seventh Circuit, sitting by designation. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.