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U.S. West, Inc. v. Federal Communications Commission

182 F.3d 1224 (1999)

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U.S. West, Inc. v. Federal Communications Commission

United States Court of Appeals for the Tenth Circuit

182 F.3d 1224 (1999)

Facts

The Federal Communications Commission (FCC) (defendant) issued an order promulgating regulations that required telecommunications companies such as U.S. West, Inc. (plaintiff) to obtain subscribers’ consent prior to using their customer proprietary network information (CPNI) for marketing purposes. The order was in response to 47 U.S.C. § 222, a portion of the Telecommunications Act of 1996 that imposed on telecommunications companies a duty to keep its subscribers’ personal information confidential absent informed consent. U.S. West appealed the FCC’s order, claiming that it violated the First Amendment. U.S. West used and disclosed CPNI to market additional telecommunications services to its subscribers. The parties thus agreed that U.S. West’s speech constituted commercial speech for First Amendment purposes.

Rule of Law

Issue

Holding and Reasoning (Tacha, J.)

Dissent (Briscoe, J.)

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