Petition for Writ of Certiorari

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2 United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 01-1379 The Missouri Municipal League; The* Missouri Association of Municipal * Utilities; City Utilities of Springfield;* City of Sikeston, Missouri; Columbia* Water & Light; American Public * Power Association, * * Petitioners, * Petition for * Review of an v. * Order of the * cations * Commission. Federal Communications * Commission * United States of America, * * Respondents, * * * Southwestern Bell Telephone * Company; * * State of Missouri, * * Intervenors on Appeal. * * * National Association of * Telecommunications Officers and * Advisors; United Telecom Council, * * Amici on Behalf of * Petitioners. * Filed: August 14, 2002 * Federal Communi- *
3 Before WOLLMAN, 5 Chief Judge, BOWMAN, and STAHL, 6 Circuit Judges. WOLLMAN, Chief Judge. Various Missouri municipalities, municipal organizations, and public power companies (the Missouri Municipals) have petitioned for review of the Federal Communications Commission?s (Commission) order denying the Missouri Municipals ? petition to preempt a Missouri statute that prevents municipalities and municipally owned utilities from providing telecommunications services or telecommunications facilities. We vacate the order and remand to the Commission for further consideration. I. In February 1996, Congress enacted the Telecommunications Act of 1996 (the Act), which extensively amended the Communications Act of 1934, 47 U.S.C.A. §§ 151-615 (West 2001). The Act?s intended purposes are to increase competition in the area of telecommunications services and to ensure the delivery of universal provides for “removals of barriers to entry,” as follows: . . . (a) In general No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. (b) State regulatory authority Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254 of this section, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (d) Preemption If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b) of this section, the Commission shall preempt the enforcement of such statute, regulation, or legal 5 The Honorable Roger L. Wollman stepped down as Chief Judge of the United States Court of Appeals for the Eighth Circuit at the close of business on January 31, 2002. He has been succeeded by the Honorable David R. Hansen. 6 The Honorable Norman H. Stahl, United States Circuit Judge for the First Circuit, sitting by designation.
Page 1 and 2: No. ___ IN THE SUPREME COURT OF THE
Page 3 and 4: PARTIES TO THE PROCEEDING Petitione
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: 1 TABLE OF CONTENTS Missouri Munici
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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