Posted: 12/1999

How the FCC Fared: 1999 Court Opinion Wrap Up

Gulf Power Co., et al. v. FCC, 187 F.3d 1324 (11th Cir.) [No. 98-2403, Sept. 9]
Challenges to the constitutionality of the 1996 Telecommunications Act’s amendments to the
pole attachment provisions of the Communications Act. The 11th Circuit affirmed the
district court’s judgment in favor of the defendants by finding that this part of the ’96
Act is not "facially unconstitutional."

US WEST Inc. v. FCC, 182 F.3d 1224 (10th Cir.) [No. 98-9518, August 18]
US WEST challenged the rules implementing Section 222 of the Telecom Act with respect to
carrier use and disclosure of customer propriety network information (CPNI). The court
vacated the FCC’s CPNI Order on First Amendment grounds.

US WEST Inc. v. FCC, 177 F.3d 1057 (D.C. Cir.) [No. 98-1468, June 8]
Qwest Communications International Inc.’s Section 271 case concerning whether the BOCs had
unlawfully "provided" interLATA service in violation of Section 271 through
their "teaming" arrangements with Qwest. Petitions for review were denied.

United States Telephone Association, et al. v. FCC, 188 F.3d 521 (D.C. Cir.)
[No. 97-1469, May 21]
Petitioners challenged the FCC’s Price Cap Performance Review rulemaking order that, among
other things, increases the productivity factor by which LECs must lower their rates each
year (relative to inflation) to 6.5 percent. The court remanded for further explanation.

AT&T Corp. v. Iowa Utilities Board, 119 S.Ct. 721, 142 L.Ed.2d 835 (1999)
[No. 97-826, Jan. 25]
Supreme Court review of court of appeals’ decisions in Iowa Utilities Board v. FCC, 120
F.3d 753 (8th Cir. 1997), and People of the State of California v. FCC, 124 F.3d 934 (8th
Cir. 1997) involving FCC implementation of the local competition provisions of the Telecom
Act. Reversing in part, affirming in part, and remanding in part.

City of Dallas, Texas v. FCC, 165 F.3d 341 (5th Cir.) [No. 96-60502, Jan. 19
Petitions for review of FCC orders interpreting the open video system provisions of the
Telecom Act. Petitions for review granted in part, FCC order affirmed in part and remanded
in part.

Cable and Wireless plc v. FCC, 166 F.3d 1224 (D.C. Cir.) [No. 97-1612, Jan. 12]
Petitions for review by foreign telecommunications companies seeking review of FCC order
prohibiting U.S. companies from paying more than certain benchmark rates for completing
international long distance calls. Petitions for review denied.

City of Abilene, Texas v. FCC, 164 F.3d 49 (D.C. Cir.) [No. 97-1633, Jan. 5]
Petition for review of FCC denial of request for declaratory ruling that provisions of
Telecom Act pre-empted Texas law prohibiting Texas municipalities from providing
telecommunications services. Petition for review denied.

Source: Federal Communications Commission