Legal Opinion
Minnesota Public Utilities Commission v. Federal Communications Commission
Court of Appeals for the Eighth Circuit
Decided March 21, 2007No. 05-1069, 05-1122, 05-3114, 05-3118PublishedCited by 3 opinions
1Opinion of the Court
BYE, Circuit Judge.
Before the court are consolidated petitions for review which challenge an order of the Federal Communications Commission (FCC) preempting state regulation of telecommunication services which utilize a relatively new technology called Voice over Internet Protocol (VoIP). The FCC preempted state regulation after determining it would be impractical, if not impossible, to separate the intrastate portions of VoIP service from the interstate portions, and state regulation would conflict with federal rules and policies. We conclude the issue raised in the petition filed by the…
2Cases cited12 opinions
- Texas v. United StatesSupreme Court of the United States · 1998
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
- Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
- United States Telecom Association v. Federal Communications Commission and United States of America, Bell Atlantic Telephone Companies, IntervenorsCourt of Appeals for the D.C. Circuit · 2004
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3Cited by3 opinions
- State of Tennessee v. Bobby Lee RobinsonTennessee Supreme Court · 2013
- The Minnesota Public Utilities Commission National Association of Regulatory Utility Commissioners Intervenor on Behalf of Arizona Corporation Commission State of New Jersey, Board of Public Utilities State of Nebraska State of California State of Connecticut Amici on Behalf of v. Federal Communications Commission United States of America Vonage Holdings Corporation Time Warner, Inc. Time Warner Cable, Inc. America Online, Inc. Level 3 Communications, LLC Charter Communications, Inc. High Tech Broadband Coalition 8 X 8, Inc. Bellsouth Corporation Qwest Communications International, Inc. Verizon the Voice on Net Coalition, Inc. pulver.com Pacific Lightnet, Inc. At & T, Inc., Formerly Known as Sbc Communications Inc. And at & T Corp Intervenors on Behalf of California Public Utilities Commission Amicus on Behalf of National Association of State Utility Consumer Advocates National Association of Regulatory Utility Commissioners Intervenor on Behalf of Arizona Corporation Commission State of New Jersey, Board of Public Utilities State of Nebraska State of California State of Connecticut Amici on Behalf of v. Federal Communications Commission United States of America Vonage Holdings Corporation Time Warner, Inc. Time Warner Cable, Inc. America Online, Inc. Level 3 Communications, LLC Charter Communications, Inc. High Tech Broadband Coalition 8 X 8, Inc. Bellsouth Corporation Qwest Communications International, Inc. Verizon the Voice on Net Coalition, Inc. pulver.com Pacific Lightnet, Inc. At & T, Inc., Formerly Known as Sbc Communications Inc. And at & T Corp Intervenors on Behalf of California Public Utilities Commission Amicus on Behalf of Public Utilities Commission of Ohio National Association of Regulatory Utility Commissioners Intervenor on Behalf of Arizona Corporation Commission State of New Jersey, Board of Public Utilities State of Nebraska State of California State of Connecticut Amici on Behalf of v. Federal Communications Commission United States of America Vonage Holdings Corporation Time Warner, Inc. Time Warner Cable, Inc. America Online, Inc. Level 3 Communications, LLC Charter Communications, Inc. High Tech Broadband Coalition 8 X 8, Inc. Bellsouth Corporation Qwest Communications International, Inc. Verizon pulver.com the Voice on Net Coalition, Inc. Pacific Lightnet, Inc. At & T, Inc., Formerly Known as Sbc Communications Inc. And at & T Corp Intervenors on Behalf of California Public Utilities Commission Amicus on Behalf of People of the State of New York the Public Service Commission of the State of New York National Association of Regulatory Utility Commissioners Intervenor on Behalf of Arizona Corporation Commission State of New Jersey, Board of Public Utilities State of Nebraska State of California State of Connecticut Amici on Behalf of v. Federal Communications Commission United States of America Vonage Holdings Corporation Time Warner, Inc. Time Warner Cable, Inc. America Online, Inc. Level 3 Communications, LLC Charter Communications, Inc. High Tech Broadband Coalition 8 X 8, Inc. Bellsouth Corporation Qwest Communications International, Inc. Verizon pulver.com the Voice on Net Coalition, Inc. Pacific Lightnet, Inc. At & T, Inc., Formerly Known as Sbc Communications Inc. And at & T Corp Intervenors on Behalf of California Public Utilities Commission Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2007
- Sprint Communications Co. v. Elizabeth S. JacobsCourt of Appeals for the Eighth Circuit · 2012