BRAND X INTERNET SERVICES V FEDERAL COMMUNICATIONS COMMISSIONS

Filing 920060123

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
BRAND X INTERNET SERVICES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

No. 02-70685 FCC No. FCC-02-1100 No. 02-70684 FCC No. FCC-02-77 No. 02-70518 FCC No. FCC-Act 2-77

EARTHLINK, INC., Petitioner, SBC COMMUNICATIONS, INC., Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

VERIZON TELEPHONE COMPANIES, Verizon Internet Solutions d/b/a Verizon.Net, Petitioners, SBC COMMUNICATIONS, INC., Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

825

826

BRAND X INTERNET SERVICES v. FCC

CONSUMER FEDERATION OF AMERICA; CONSUMERS UNION; CENTER FOR DIGITAL DEMOCRACY, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

No. 02-70879 FCC Nos. GN-00185 CS-02-52 No. 02-70686 FCC No. FCC-02-77

PEOPLE OF THE STATE OF CALIFORNIA EX REL. BILL LOCKYER; PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, Petitioners, v. 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 COALITION OF CITIES FOR UTILITY ISSUES, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

No. 02-71425 FCC Nos. GN-00-185 CS-02-52

No. 02-72251 FCC No. FCC-02-52 ORDER

CONESTOGA TOWNSHIP; PROVIDENCE TOWNSHIP; MARTIC TOWNSHIP; BUCKINGHAM TOWNSHIP; EAST HEMPFIELD TOWNSHIP, Petitioners, v. FEDERAL COMMUNICATIONS 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.