United States Second Circuit

The Telecommunications Act of 1996 does not preempt nonregulatory decisions of a local governmental entity or instrumentality acting in its proprietary capacity; thus, school district's attempt to have the emissions terms of its lease agreement with a telecommunications company enforced was not preempted by the Telecommunications Act.

Appellate Information

• Argued 05/03/2001
• Decided 03/05/2002
• Published 03/06/2002

Judges

• KEARSE, Circuit Judge., Before: MESKILL, KEARSE, and McLAUGHLIN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lawrence W. Reich, Northport, New York (Gus Mountanos, Ingerman Smith, Northport, New York, on the brief), for Appellant.


• For Appellees:
  
• David L. Snyder, Tarrytown, New York (Frederick W. Turner, Snyder & Snyder, Tarrytown, New York, on the brief), for Plaintiff-Appellee.