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· 4/5/2013

Tracfone Wireless, Inc. and Virgin Mobile USA, L.P. v. Commission on State Emergency Communications

Citations

  • 397 S.W.3d 173
  • 56 Tex. Sup. Ct. J. 458
  • 58 Communications Reg. (P&F) 36
  • 2013 WL 1365987
  • 2013 Tex. LEXIS 269

How courts have described this case

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

  • explaining that deference to an agency's interpretation is appropriate only when a statute is ambiguous
  • explaining that “agency deference does not displace strict construction when the dispute is not over how much tax is due but, more fundamentally, whether the tax applies at all”
  • noting that legislature’s labeling of putative tax as fee is not binding on courts
  • accepting parties’ treatment of 911 charge as a tax, as “no regulatory regime is created that regulates the consumers of wireless services”
  • addressing regulatory fees, which “support a regulatory regime governing those who pay the fee”
  • addressing regulatory fees, which “support a regulatory regime governing those who pay the fee”

Source: CourtListener parenthetical corpus (CC0).

Judges: Willett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.