Decided
Talk America Inc. v. Michigan Bell Telephone Co.
Consolidated with Isiogu v. Michigan Bell Telephone Co. (10-329)
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 Clarence Thomas on Jun 9, 2011. Justice Scalia filed a concurring opinion. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner Talk America
- Brief for Respondent Michigan Bell Telephone Company
- Reply Brief for Petitioner
Amicus Briefs
- Brief for Comptel in Support of Petitioners
- Brief for the United States in Support of Petitioners
- Brief for Centurylink, Qwest Communications International, and Windstream Corporation in Support of Respondent
- Brief for Verizon in Support of Respondent
- Brief for United States Telecom Association and Network Engineers in Support of Respondent
- Brief for Administrative Law Professors in Support of Respondent
- Brief for the California Public Utilities Commission in Support of Petitioner
- Brief for Sprint Nextel Corporation in Support of Petitioner
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Related Coverage
Aug 31, 2010Petition for a writ of certiorari filed. (Response due October 4, 2010)
Sep 30, 2010Order extending time to file response to petition to and including November 1, 2010.
Nov 1, 2010Brief of respondent Michigan Bell Telephone Company, dba AT&T Michigan in opposition filed. VIDED.
Nov 15, 2010DISTRIBUTED for Conference of December 3, 2010.
Dec 6, 2010DISTRIBUTED for Conference of December 10, 2010.
Dec 10, 2010Petition GRANTED The petition for a writ of certiorari in No. 10-329 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Kagan took no part in the consideration or decision of this petition.
Dec 20, 2010Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for petitioners Isiogu, et al. VIDED.
Dec 23, 2010SET FOR ARGUMENT ON Wednesday, March 30, 2011.
Jan 4, 2011Consent to the filing of amicus curiae briefs,in support of either party or of neither party, received from counsel for petitioner Talk America, Inc. VIDED.
Jan 14, 2011Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Jan 18, 2011The time to file the joint appendix and petitioners' briefs on the merits is extended to and including January 27, 2011. VIDED.
Jan 18, 2011The time to file respondents' brief on the merits is extended to and including March 1, 2011. VIDED.
Jan 24, 2011Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Jan 27, 2011Brief of petitioner Talk America, Inc. filed.
Jan 31, 2011Record received from U.S.C.A. for 6th Circuit. (1 box)
Feb 3, 2011Brief amicus curiae of COMPTEL filed. VIDED.
Feb 3, 2011Brief amicus curiae of the United States filed. VIDED.
Feb 3, 2011Brief amicus curiae of California Public Utilities Commission filed. VIDED. (Distributed)
Feb 3, 2011Brief amicus curiae of Sprint Nextel Corporation filed. VIDED. (Distributed)
Feb 4, 2011CIRCULATED.
Feb 4, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 1, 2011Brief of respondent Michigan Bell Telephone Company, dba AT&T Michigan filed. VIDED. (Distributed)
Mar 1, 2011Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents. VIDED.
Mar 8, 2011Brief amici curiae of Centurylink, et al. filed. VIDED. (Distributed)
Mar 8, 2011Brief amicus curiae of Verizon filed. VIDED. (Distributed)
Mar 8, 2011Brief amici curiae of United States Telecom Association and Network Engineers filed. VIDED. (Distributed)
Mar 8, 2011Brief amici curiae of Administrative Law Professors filed. VIDED. (Distributed)
Mar 16, 2011Recor from U.S.D.C. for Eastern District fo Michigan is electronic.
Mar 18, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Mar 23, 2011Reply of petitioner Talk America, Inc. filed. (Distributed)
Mar 30, 2011Argued. For petitioner: John J. Bursch, Solicitor General, Lansing, Mich.; and Eric D. Miller, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Jun 9, 2011Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which all other Members joined, except Kagan, J., who took no part in the consideration or decision of the cases. Scalia, J., filed a concurring opinion.
Jul 11, 2011JUDGMENT ISSUED.
Jul 29, 2011Record returned to U.S.C.A. for 6th Circuit.
Recommended Citation: Talk America Inc. v. Michigan Bell Telephone Co., SCOTUSblog, https://www.scotusblog.com/cases/talk-america-inc-v-michigan-bell-telephone-co/