No. 18-1386

Dan M. Lipschultz, In His Official Capacity as Commissioner of the Minnesota Public Utilities Commission, et al. v. Charter Advanced Services (MN), LLC, et al.

Lower Court: Eighth Circuit
Docketed: 2019-05-03
Status: Denied
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: brand-x brand-x-test communications-act fcc-regulation federal-communications-commission information-services preemption state-regulation telecommunications-services voice-over-internet-protocol voip-classification
Latest Conference: 2019-10-18 (distributed 3 times)
Question Presented (from Petition)

1. Whether, in the absence of an FCC decision classifying VoIP service as an information service, FCC policy can conflict with and preempt state regulation of VoIP service.

2. Whether VoIP service is a telecommunications service or an information service, under the appropriate functional test for classification determinations from Brand X.

Question Presented (AI Summary)

Whether VoIP service is a telecommunications service or an information service under the appropriate functional test from Brand X

Docket Entries

2019-10-21
Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, concurring in the denial of certiorari. The Chief Justice took no part in the consideration or decision of this petition. (Detached Opinion)
2019-10-15
DISTRIBUTED for Conference of 10/18/2019.
2019-10-09
Rescheduled.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-10-07
Supplemental brief of respondents Charter Advanced Services (MN) LLC, et al. filed. (Distributed)
2019-10-03
Letter of October 3, 2019 from counsel for petitioners filed. (Distributed)
2019-09-25
Rescheduled.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-12
Reply of petitioners Dan M. Lipschultz, et al. filed.
2019-07-03
Brief of respondents Charter Advanced Services (MN) LLC, et al. in opposition filed.
2019-06-03
Brief amicus curiae of National Association of Regulatory Utility Commissioners filed.
2019-05-23
Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2019.
2019-05-22
Motion to extend the time to file a response from June 3, 2019 to July 3, 2019, submitted to The Clerk.
2019-05-01
Petition for a writ of certiorari filed. (Response due June 3, 2019)
2019-03-01
Application (18A889) granted by Justice Gorsuch extending the time to file until May 3, 2019.
2019-02-22
Application (18A889) to extend the time to file a petition for a writ of certiorari from March 4, 2019 to May 3, 2019, submitted to Justice Gorsuch.

Attorneys

Charter Advanced Services (MN) LLC, et al.
Ian Heath GershengornJenner & Block, Respondent
Dan M. Lipschultz, et al.
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Petitioner
National Association of Regulatory Utility Commissioners
James Bradford Ramsay — Amicus