National Cable & Telecommunications Assn. v. Brand X Internet Services
545 U.S. ___ (2005)

Annotate this Case

545 U. S. ____ (2005)
545 U. S. ____ (2005)
545 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NOS. 04-277 AND 04-281

NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION, et al., PETITIONERS

04–277   v.

BRAND X INTERNET SERVICES et al.

FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES, PETITIONERS

04–281   v.

BRAND X INTERNET SERVICES et al.

on writs of certiorari to the united states court of appeals for the ninth circuit

[June 27, 2005]

   Justice Stevens, concurring.

   While I join the Court’s opinion in full, I add this caveat concerning Part III–B, which correctly explains why a court of appeals’ interpretation of an ambiguous provision in a regulatory statute does not foreclose a contrary reading by the agency. That explanation would not necessarily be applicable to a decision by this Court that would presumably remove any pre-existing ambiguity.

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