SBC Communications, Inc. v. FCC

SBC Communications, Inc. v. FCC, 154 F.3d 226, 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 into the in-region long-distance service market. 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.