No. 04-277.

545 U.S. 967 (2005)

125 S.Ct. 2688

162 L.Ed.2d 820


Supreme Court of United States.

Decided June 27, 2005.

Attorney(s) appearing for the Case

Paul T. Cappuccio argued the cause for petitioners in No. 04-277. With him on the briefs were Howard J. Symons, Tara M. Corvo, Paul Glist, John D. Seiver, David E. Mills, Daniel L. Brenner, Neal M. Goldberg, Michael S. Schooler, Edward J. Weiss, and Henk Brands.

Deputy Solicitor General Hungar argued the cause for federal petitioners in No. 04-281. With him on the briefs were Acting Solicitor General Clement, Assistant Attorney General Pate, Deputy Assistant Attorney General Delrahim, James A. Feldman, Catherine G. O'Sullivan, Nancy C. Garrison, John A. Rogovin, Austin C. Schlick, Daniel M. Armstrong, Jacob M. Lewis, and Nandan M. Joshi.

Thomas C. Goldstein argued the cause for respondents in both cases. With him on the brief were Amy Howe, John W. Butler, Earl W. Comstock, Alison B. Macdonald, Harvey L. Reiter, Matthew J. Verschelden, and Andrew Jay Schwartzman. William H. Sorrell, Attorney General of Vermont, David Borsykowsky, Assistant Attorney General, and Ellen S. LeVine filed a brief in both cases for respondents State of Vermont et al. Michael K. Kellogg, Sean A. Lev, and James G. Harralson filed a brief in both cases for respondents BellSouth et al. Andrew G. McBride, Eve Klindera Reed, William P. Barr, Michael E. Glover, Edward Shakin, and John P. Frantz filed a brief in both cases for respondents Verizon Telephone Companies et al. Mark D. Schneider, Marc A. Goldman, and Jeffrey A. Rackow filed a brief in both cases for respondent MCI, Inc.

JUSTICE THOMAS delivered the opinion of the Court.

Title II of the Communications Act of 1934, 48 Stat. 1064, as amended, 47 U. S. C. § 151 et seq., subjects all providers of "telecommunications servic[e]" to mandatory common-carrier regulation, § 153(44). In the order under review, the Federal Communications Commission concluded that cable companies that sell broadband Internet service do not provide "telecommunications...

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