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ARTICLE · 09 JULY 2003

Supreme Court Docket Report, October Term, 2002 - Number 16

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By Miriam R. Nemetz and Robert L. Bronston

Today the Supreme Court granted certiorari in and consolidated three cases of potential interest to the business community. Amicus briefs in support of the petitioners are due on Thursday, August 7, 2003, and amicus briefs in support of the respondents are due on Thursday, September 11, 2003.

Telecommunications Act of 1996 - Preemption

. Under Section 101(a) of the Telecommunications Act of 1996 (the "Act"), no state or local statute or regulation "may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. § 253(a). The Supreme Court granted certiorari in FCC v. Missouri Municipal League, 02-1386, Nixon v. Missouri Municipal League, 02-1238, and Southwestern Bell Telephone, L.P. v. Missouri Municipal League, 02-1405, to decide whether Section 101 preempts a state statute that forbids municipalities from offering telecommunications services.

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