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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
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