Telecommunications Policy Update

U.S. Supreme Court rules states can ban cities from offering telecommunications services

On March 25, the U.S. Supreme Court ruled that states can ban municipalities from offering telecommunications services in Nixon v. Missouri Municipal League. Nixon V. Missouri Municipal League focused on section 253(a) of the federal Telecommunications Act of 1996. Section 253(a) states that no state or local statute or regulation may prohibit the ability of "any entity" to provide telecommunications services. In their decision, the U.S. Supreme Court upheld the rights of states to regulate their own subsidiaries.

The U.S. Supreme Court declined to hear a similar case involving the Nebraska Public Service Commission and the Lincoln Electric System. In January, the Nebraska Supreme Court ruled that Section 253(a) of the Telecommunications Act of 1996 preempted a state law prohibiting political subdivisions from providing telecommunications services.

TANgents, a quarterly publication of Technologies Across Nebraska, is edited and produced by Linda Tempel, University of Nebraska Cooperative Extension, ltempel@unlnotes.unl.edu, and Anne Byers, Nebraska Information Technology Commission, abyers@notes.state.ne.us. Please contact us if you would like to contribute an article or an idea for an article. Comments and suggestions are also welcome.