SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998), 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 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.SBC Communications,, 154 F.3d at 232. SBC Communications challenged these provisions as a bill of attainder that singled out the RBOCs for punishment.
Decision 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.Kang, Jerry. Communications Law and Policy Cases and Materials, Third Edition. Foundation Press, New York, 2009, p. 676
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