Circuit split · telecommunications law
Whether a plaintiff challenging a state or local requirement under 47 U.S.C. § 253(a) of the Telecommunications Act must show that it actually prohibits telecommunications service, or only that it 'may have the effect of prohibiting' such service
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Third Circuit Court of Appeals · July 26, 2002
“While there is a circuit split on this issue, 4 the facts of the present case are such that there is again no need to resolve it for the Third Circuit at this time.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
47 U.S.C. § 253 — Removal of barriers to entry
“(a) In general No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. (b) State regulatory authority Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254 of this title , requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued …”Read the full section →
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.