| SBC Communications, Inc. v. FCC | |
|---|---|
 | |
| Court | United States Court of Appeals for the Fifth Circuit |
| Full case name | SBC Communications, Inc. v. FCC |
| Decided | September 4, 1998 |
| Citations | 154F.3d226; 1998-2 Trade Cases ¶ 72,256 |
| Court membership | |
| Judges sitting | E. Grady Jolly,Jerry Edwin Smith,Rhesa Barksdale |
| Case opinions | |
| Majority | Jolly, joined by Barksdale |
| Dissent | Smith |
SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998),[1] was a case decided by theUnited States Court of Appeals for the Fifth Circuit that upheld §§ 271-275 of theTelecommunications Act of 1996 as constitutional against a challenge that the provisions acted as abill of attainder.
Sections 271-275 of the Telecommunications Act of 1996 place limitations on the entrance of theRegional Bell Operating Companies (RBOCs) into the in-region long-distance service market.[2]SBC Communications challenged these provisions as a bill of attainder that singled out the RBOCs for punishment.
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.[3]