Southwestern Bell Telephone, L. P., Fka Southwestern Bell Telephone Company v. Missouri Municipal League et al.

Questions presented

SCOTUS records

02-1238 NIXON v. MISSOURI MUNICIPAL LEAGUE Ruling below: CA 8, 299 F.3d 949. QUESTION PRESENTED In enacting 47 U.S.C. § 253(a), which bars the states from prohibiting "any entity" from providing intrastate or interstate telecommunications services, did Congress clearly and manifestly deprive the states of the ability to bar their own political subsidiaries from entering the telecommunications business? 02-1386 FCC v. MISSOURI MUNICIPAL LEAGUE QUESTION PRESENTED Whether 47 U.S.C. 253(a), which provides that "[n]o State * * * regulation * * * may prohibit * * * the ability of any entity to provide any interstate or intra-state telecommunications service," preempts a state law prohibiting political subdivisions of the State from offering telecommunications service to the public. 02-1405 SOUTHWESTERN BELL TEL. v. MISSOURI MUNICIPAL LEAGUE QUESTION PRESENTED Whether 47 U.S.C. § 253(a) establishes with the clarity required by Gregory v. Ashcroft, 501 U.S. 452 (1991), that Congress intended to intrude on the States' authority to control their subordinate political subdivisions by preempting state laws that prevent those subdivisions from offering certain telecommunications services. CERT. GRANTED: 6/23/03 Consolidate for one hour oral argument.

Opinion summary

Etalia.ai summary of the majority opinion

The case involved Southwestern Bell Telephone, L.P., which challenged a decision related to the Telecommunications Act of 1996. The primary issue was whether states could prevent municipalities from providing telecommunications services in competition with private companies. The Federal Communications Commission (FCC) had ruled that it lacked authority under the Act to preempt state laws prohibiting municipal entry into telecommunications markets. Southwestern Bell argued that such state restrictions were inconsistent with federal policy promoting competition and should be preempted by federal law. However, the Supreme Court upheld the FCC's interpretation, concluding that Congress did not clearly express an intent for federal law to override these specific types of state regulations regarding municipal participation in telecom markets.