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Sprint Communications Company L.P. v. Federal Communications Commission

Where FCC granted authorization to provider of local telephone service to enter the long distance market in the same area, appellants' claims rejected except as to argument that provider's entry into the long distance market was inconsistent with public interest because its unbundled network element rates were too high; case remanded for reconsideration of that one issue.

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Argued September 17, 2001

Appeals from an Order of the Federal Communications Commission

The regional Bell operating companies (“BOCs”), split off from AT&T in the 1982 antitrust settlement, provide most local telephone service. Section 271 of the Telecommunications Act of 1996 (the “Act”), 47 U.S.C. s 271, offers the BOCs a deal: such a company can enter the long distance business in a state within its service area if it takes specified steps to open the local-service market to competition. SBC Communications, a provider of local service in Kansas and Oklahoma, applied to the Federal Communications Commission for authorization to enter the long distance market in those states. Various long distance providers, including the five appellants before us, objected. The FCC granted the authorization, see Joint Application by SBC Communications, Inc. et al. for Provision of In-Region InterLATA Services in Kansas and Oklahoma, 16 F.C.C.R. 6237 (2001) (the “Order”), and this appeal followed. See 47 U.S.C. s 402(b)(6) & (9) (giving this court exclusive jurisdiction over challenges to the Commission’s s 271 orders).

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