FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRAND X INTERNET SERVICES, 

Petitioner, No. 02-70518 v.  FCC No. FEDERAL COMMUNICATIONS FCC-Act 2-77

COMMISSION,

Respondent. 

EARTHLINK, INC., 

Petitioner,

SBC COMMUNICATIONS, INC.,

No. 02-70684  Intervenor, FCC No. v.

FCC-02-77

FEDERAL COMMUNICATIONS

COMMISSION,

Respondent. 

VERIZON TELEPHONE COMPANIES, 

Verizon Internet Solutions d/b/a Verizon.Net, Petitioners, No. 02-70685 

SBC COMMUNICATIONS, INC.,

Intervenor, FCC No.

FCC-02-1100

v.

FEDERAL COMMUNICATIONS

COMMISSION,

Respondent.  825 826 BRAND X INTERNET SERVICES v. FCC

CONSUMER FEDERATION OF AMERICA; 

CONSUMERS UNION; CENTER FOR

DIGITAL DEMOCRACY,

Petitioners, No. 02-70686 v.  FCC No.

FCC-02-77

FEDERAL COMMUNICATIONS

COMMISSION,

Respondent. 

PEOPLE OF THE STATE OF 

CALIFORNIA EX REL. BILL LOCKYER;

PUBLIC UTILITIES

COMMISSION OF THE STATE OF

CALIFORNIA, No. 02-70879 Petitioners,  FCC Nos.

GN-00185

v.

CS-02-52

FEDERAL COMMUNICATIONS

COMMISSION; UNITED STATES OF

AMERICA,

Respondents.  BRAND X INTERNET SERVICES v. FCC 827

NATIONAL LEAGUE OF CITIES; 

NATIONAL ASSOCIATION OF

TELECOMMUNICATIONS OFFICERS AND

ADVISORS; UNITED STATES

CONFERENCE OF MAYORS; NATIONAL

ASSOCIATION OF COUNTIES; TEXAS No. 02-71425

COALITION OF CITIES FOR UTILITY

ISSUES,

 FCC Nos.

GN-00-185

Petitioners, CS-02-52 v.

FEDERAL COMMUNICATIONS

COMMISSION,

Respondent. 

CONESTOGA TOWNSHIP; PROVIDENCE 

TOWNSHIP; MARTIC TOWNSHIP;

BUCKINGHAM TOWNSHIP; EAST

HEMPFIELD TOWNSHIP, No. 02-72251 Petitioners, v.  FCC No.

FCC-02-52

FEDERAL COMMUNICATIONS ORDER

COMMISSION, and UNITED STATES OF

AMERICA,

Respondents.  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.

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The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.