BRAND X INTERNET SERVICES V FEDERAL COMMUNICATIONS COMMISSIONS, No. 02-70518 (9th Cir. 2006)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRAND X INTERNET SERVICES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. ï£¼ ï£½ No. 02-70518 FCC No. FCC-Act 2-77 ï£¾ ï£¼ EARTHLINK, INC., Petitioner, SBC COMMUNICATIONS, INC., Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. VERIZON TELEPHONE COMPANIES, Verizon Internet Solutions d/b/a Verizon.Net, Petitioners, SBC COMMUNICATIONS, INC., Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. 825 ï£½ No. 02-70684 FCC No. FCC-02-77 ï£¾ ï£¼ ï£½ ï£¾ No. 02-70685 FCC No. FCC-02-1100 826 BRAND X INTERNET SERVICES v. FCC CONSUMER FEDERATION OF AMERICA; CONSUMERS UNION; CENTER FOR DIGITAL DEMOCRACY, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. PEOPLE OF THE STATE OF CALIFORNIA EX REL. BILL LOCKYER; PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA, Respondents. ï£¼ ï£½ No. 02-70686 FCC No. FCC-02-77 ï£¾ ï£¼ ï£½ ï£¾ No. 02-70879 FCC Nos. GN-00185 CS-02-52 BRAND X INTERNET SERVICES v. FCC NATIONAL LEAGUE OF CITIES; NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS; UNITED STATES CONFERENCE OF MAYORS; NATIONAL ASSOCIATION OF COUNTIES; TEXAS COALITION OF CITIES FOR UTILITY ISSUES, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. CONESTOGA TOWNSHIP; PROVIDENCE TOWNSHIP; MARTIC TOWNSHIP; BUCKINGHAM TOWNSHIP; EAST HEMPFIELD TOWNSHIP, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, and UNITED STATES OF AMERICA, Respondents. 827 ï£¼ ï£½ No. 02-71425 FCC Nos. GN-00-185 CS-02-52 ï£¾ ï£¼ ï£½ No. 02-72251 FCC No. FCC-02-52 ORDER ï£¾ On Remand from the Supreme Court of the United States Filed January 23, 2006 828 BRAND X INTERNET SERVICES v. FCC Before: Richard D. Cudahy,* Diarmuid F. O Scannlain, and Sidney R. Thomas, Circuit Judges. ORDER In accordance with the Supreme Court s decision in National Cable & Telecomms. Ass n v. Brand X Internet Servs., 125 S. Ct. 2688 (2005), the Federal Communications Commission s declaratory ruling is AFFIRMED. *The Honorable Richard D. Cudahy, Senior United States Circuit Judge for the Seventh Circuit, sitting by designation. PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.

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