Legal Opinion

Puerto Rico Telephone Co. v. Municipality of Guayanilla

Court of Appeals for the First Circuit

Decided June 7, 2006No. 05-1400PublishedCited by 53 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This appeal requires us to apply § 253 of the Federal Telecommunications Act (“TCA”), 47 U.S.C. § 253, which sets limits on the authority of state and local governments to regulate telecommunications providers. The Municipality of Guayanilla (“the Municipality”) enacted an ordinance imposing a 5% gross revenue fee on telecommunications providers for their use of public rights of way 1 within the Municipality. Puerto Rico Telephone Company (“PRTC”) filed suit against the Municipality and Mayor Edgardo Arlequín-Vélez in federal district court, seeking a declaratory judgment…

2Cases cited14 opinions

  1. Nixon v. Missouri Municipal LeagueSupreme Court of the United States · 2004
  2. Qwest Corporation v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2004
  3. Ingram v. Brinks IncorporatedCourt of Appeals for the First Circuit · 2005
  4. Hadfield v. McDonoughCourt of Appeals for the First Circuit · 2005
  5. Tcg Detroit, (98-2034), (98-2035) v. City of Dearborn, (98-2034),third-Party (98-2035), Ameritech Michigan, Incorporated, Third-Party (98-2035)Court of Appeals for the Third Circuit · 2000

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3Cited by53 opinions

  1. Sprint Telephony PCS, L.P. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2008
  2. Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal CorporationSupreme Court of Iowa · 2012
  3. City of Portland v. United StatesCourt of Appeals for the Ninth Circuit · 2020
  4. Superior Commc'ns v. City of Riverview, Mich.Court of Appeals for the Sixth Circuit · 2018
  5. Appeal of Union Telephone Co.Supreme Court of New Hampshire · 2010

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