Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO.

Docket No.: 10-313
Certiorari Granted: 11/29/10
Argued: April 18, 2011
Decided: 06/09/11
Consolidated with: CONSOLIDATED WITH 10-329 FOR ONE HOUR ORAL ARGUMENT.

Topics:

Natural Resources, judicial review, separation of powers

PartyNames: Talk America, Inc. v. Michigan Bell Telephone Company, dba AT&T Michigan
Petitioner: Talk America, Inc.
Respondent: Michigan Bell Telephone Company, dba AT&T Michigan

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 597 F.3d 370

Talk America, Inc.
v.
Michigan Bell Telephone Company, dba AT&T Michigan
Question Presented:

Was the Michigan Public Service Commission barred from requiring incumbent local exchange carriers ("ILECs") to offer their competitors telecommunications facilities known as "entrance facilities" at cost-based rates under §251(c)(2) of the Telecommunications Act of 1996 as a result of a Federal Communications Commission rule eliminating ILECs' obligation to provide similar facilities under § 251(c)(3) when they are used by competitors for a different statutory purpose?

Question:

Does federal law require local telephone companies, already established, to allow new competitors in their markets to link to the existing networks through connecting wires at low, government-regulated rates?

Note:

br />JUSTICE KAGAN TOOK NO PART.

TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO.
ORAL ARGUMENT

04/18/11

Listen to Oral Argument in TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO.
Holding: reversed
Vote: 8-0
Recused: who
Opinion By: Justice Clarence Thomas

TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO.
Case Documents

1TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. Oral Argument Audio (March 30, 2011)
2Opinion in TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO.
3TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. Oral Argument Audio
4TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. Oral Argument Transcript (PDF)
5TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. Oral Argument Transcript (HTML)
6TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. Oral Argument Transcript (HTML)
Additional documents for this case are pending review.