Talk America Inc. v. Michigan Bell Telephone Co. - Post-Decision SCOTUScast

SCOTUScast 08-03-11 featuring Daniel Lyons

August 3, 2011

Daniel Lyons

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audio Talk America Inc. v. Michigan Bell Telephone Co. - Post-Decision SCOTUScast - MP3
Running Time: 00:09:16

Daniel LyonsOn June 9, 2011, the Supreme Court announced its decision in Talk America Inc. v. Michigan Bell Telephone Co. and Isiogu v. Michigan Bell Telephone Co.The Court consolidated these two cases. The question in these cases was "whether an incumbent provider of local telephone service must make certain transmission facilities available to competitors at cost-based rates."

In an opinion delivered by Justice Thomas, the Court by a vote of 8-0 deferred to the Federal Communication Commission's view, which was that "its regulations require the incumbent provider to [make certain transmission facilities available to competitors at cost-based rates] if the facilities are to be used . . . to link the incumbent provider's telephone network with the competitor's network for the mutual exchange of traffic." All of the other justices joined the opinion of Justice Thomas except Justice Kagan; she took no part in the consideration or decision of the case.

To discuss the case, we have Daniel Lyons, who is a professor at Boston College Law School.

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Related Links

Opinion - June 9, 2011 (PDF)
Oral Argument Transcript - March 30, 2011 (PDF)