FCC v. Miss
The Missouri Municipal League filed a petition with the FCC asking it to preempt a Missouri statute that prohibits the state's political subdivisions from providing telecommunications services or facilities to the public. The federal Telecommunications Act invalidates state statutes that prohibit "any entity" from providing telecommunications services. The FCC denied the petition. The Court of Appeals vacated the petition, finding that the "any entity" language in the Telecommunications Act includes municipalities.
Question Presented:
Whether 47 U.S.C. ยง 253(a), which provides that "[n]o State * * * regulation * * * may prohibit * * * the ability of any entity to provide any interstate or intrastate telecommunications service,"
preempts a state law prohibiting political subdivisions of the State from offering telecommunications service to the public.
