Petition for Writ of Certiorari

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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?
PARTIES TO THE PROCEEDING Petitioner is the State of Missouri, which appeared at the Federal Communications Commission and intervened in the court of appeals. Southwestern Bell Telephone, L.P., also intervened below. Respondent below was the Federal Communications Commission. The petitioner below was the Missouri Municipal League, which is the respondent here. ii
Page 1: No. ___ IN THE SUPREME COURT OF THE
Page 5 and 6: City of Bristol v. Earley, 145 F. S
Page 7 and 8: OTHER SOURCES The Federalist No. 39
Page 9 and 10: Constitutional and Statutory Provis
Page 11 and 12: Litigation regarding the preemptive
Page 13 and 14: REASONS TO GRANT THE WRIT I. Sectio
Page 15 and 16: traditionally been within the purvi
Page 17 and 18: February 18, 2003 CONCLUSION For th
Page 19 and 20: 1 TABLE OF CONTENTS Missouri Munici
Page 21 and 22: 3 Before WOLLMAN, 5 Chief Judge, BO
Page 23 and 24: 5 (Separate Statement of Chairman W
Page 25 and 26: 7 plain statement sufficient to pre
Page 27 and 28: 9 United States Court of Appeals FO
Page 29 and 30: 11 regulation or legal requirement
Page 31 and 32: 13 installed fiber optic facilities
Page 33 and 34: 15 political subdivisions of the st
Page 35 and 36: 17 activities of its municipalities
Page 37: 19 Respectfully submitted, JEREMIAH

Petition for Writ of Certiorari

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