United States First Circuit

Summary judgment for plaintiff in declaratory judgment action over the preemption of a local statute by the Telecommunications Act (TCA) is affirmed where: 1) the local act materially inhibited or limited the ability of a telephone company to compete; and 2) the local act is not saved by the safe harbor contained in the TCA.

Appellate Information

• Decided 06/07/2006
• Published 06/07/2006

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alfredo Acevedo Cruz, with whom Law Offices of Pedro E. Ortiz Álverez, PSC were on brief, for appellants., Eyck O. Lugo, with whom Cristina S. Belaval-Burger and Martínez Odeall & Calabria were on brief, for amicus curiae Municipality of Caguas.


• For Appellees:
  
• Andrew G. McBride, with whom John E. Barry, Joshua S. Turner, and Wiley Rein & Fielding LLP were on brief, for appellees.