Cable, Telecommunications, and Technology Committee of New Orleans City Council v. Federal Communications Commission

Questions presented

SCOTUS records, cert granted 5 Oct 2012

  1. Should Chevron deference be afforded to an administrative agency's interpretation of its own statutory jurisdiction?
  2. If it is determined that an agency's interpretation of its own statutory jurisdiction should be evaluated under Chevron, did the Fifth Circuit improperly apply Chevron?
  3. Did the FCC usurp the jurisdiction and authority reserved for State and local governments by Congress in its interpretation of 47 U.S.C.A. § 332 (C)(7) by creating additional limitations on state and local governments beyond those provided for in the statute?

Opinion summary

Etalia.ai summary of the majority opinion

The case involved a dispute between the Cable, Telecommunications, and Technology Committee of New Orleans City Council and the Federal Communications Commission (FCC) over regulatory authority. The central issue was whether local governments could impose their own regulations on cable operators or if federal law preempted such actions. The FCC had established rules under the Telecommunications Act that aimed to create uniformity in cable service regulation across states to promote competition and innovation. New Orleans sought to enforce its own set of requirements for cable providers operating within its jurisdiction, arguing for local control over telecommunications infrastructure decisions impacting city residents directly.

Opinion written by Justice Scalia

Decided 20 May 2013 · Official report

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