United States Telecom Association v. FCC (2004)

USTA v. FCC
CourtUnited States Court of Appeals for the District of Columbia Circuit
Full case name United States Telecom Association v. Federal Communications Commission and United States of America
DecidedMarch 2, 2004
Citation359 F.3d 554, 561-62
Court membership
Judges sittingHarry T. Edwards, A. Raymond Randolph, Senior Circuit Judge Stephen F. Williams
Keywords
United States Telecom Association (USTA) FCC Regional Bell Operating Company ILEC CLEC

United States Telecom Association v. FCC, 359 F.3d 554 (D.C. Cir., 2004), is the court case in which the Washington, D.C., Circuit Court of Appeals vacated the Federal Communications Commission's Triennial Review Order (TRO). The court's decision is based on the Telecommunications Act of 1996 section 251 which defines unbundled network elements (UNEs) for incumbent local exchange carriers and competitive local exchange carriers.

Following the Court of Appeals' decision the FCC requested that the case be appealed to the Supreme Court of the United States. In June 2004 the solicitor general announced that a request for the Supreme Court to review the case would not be made. As a result of the solicitor general's decision the FCC would issue its Triennial Review Remand Order (TRRO) creating new rules and regulations for unbundled network elements.