At & T Communications of the Southwest, Inc. v. City of Dallas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that city’s requirement that telecommunications company pay franchise fee of 4% of its local gross revenues “contradicts the requirements of the FTA”
• noting that while \the more general authority\ of § 253(b) is reserved for the states, they have the power to delegate such authority to local governments
• noting that while \the more general authority\ of 253(b) is reserved for the states, they have the power to delegate such authority to local governments
• “being competitively neutral does not require cities to treat all providers identically and to ignore the significant distinctions among them.”
• rejecting the argument that the FCC has primary jurisdiction over 253(a) claims
• such requirements are “totally unrelated to use of the city’s rights-of-way, and are thus beyond the scope of the City’s authority”

Source: CourtListener parenthetical corpus (CC0).