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. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.