· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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