Talk America, Inc. v. Michigan Bell Telephone Co. (2010)
- Docket
- 10-313
- Decided
- 2010-01-01
Summary
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? Conclusion: Yes. The Supreme Court reversed the opinion of the lower court in a decision by Justice Clarence Thomas. "The FCC has advanced a reasonable interpretation of its regulations — i.e., that to satisfy its duty under §251(c)(2), an incumbent LEC must make its existing entrance facilities available to competitors at cost-based rates if the facilities are to be used for interconnection — and this Court defers to the FCC's views," Thomas wrote. Justice Antonin Scalia filed a concurring opinion, noting: "I would reach the same result even without benefit of the rule that we will defer to an agency's interpretation of its own regulations." Meanwhile, Justice Elena Kagan took no part in consideration of the case.