Southwestern Bell Telephone, LP v. City of Houston

RHESA HAWKINS BARKSDALE, Circuit Judge:

Southwestern Bell Telephone, L.P. (AT&T), contests the dismissal of its claims that a City of Houston, Texas, ordinance violates the Federal Telecommunications Act of 1996 (FTA), 47 U.S.C. § 151 et seq. Primarily at issue are FTA §§ 253(a) and 253(c). Section 253(a) proscribes state and local governments from prohibiting the ability of any entity to provide telecommunications service. On the other hand, FTA § 253(c) is a safe-harbor provision preserving a government’s power to manage its public rights-of-way. AT&T maintains: FTA § 253 provides a private…