American Telephone & Telegraph Co. v. FCC
United States Court of Appeals for the Second Circuit
449 F.2d 439 (1971)
- Written by Heather Whittemore, JD
Facts
American Telephone & Telegraph Co. (AT&T) (plaintiff) offered Telpak service to government agencies, common carriers, right-of-way companies, and public utilities. The Telpak service provided these customers the ability to receive bulk communications services at a discount. Smaller entities could also combine their uses to qualify for discounted Telpak rates. The Federal Communications Commission (FCC) (defendant) revised its rules related to Telpak services several times, eventually initiating a ratemaking proceeding. During the proceeding, members of the FCC’s Common Carrier Bureau (the Bureau) participated in the investigation and hearing and then helped the FCC determine and draft its final decision requiring unlimited Telpak services. The FCC’s final decision made AT&T’s limited Telpak services, which were only available to certain customers, a violation of the Communications Act of 1934. AT&T appealed, arguing the FCC had violated the Communications Act of 1934 and due process by allowing members of the Bureau to participate in the ratemaking proceedings in both adversarial and judicial roles.
Rule of Law
Issue
Holding and Reasoning (Lumbard, J.)
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