No. 21-1388

Best Payphones, Inc. v. Public Service Commission of New York, et al.

Lower Court: New York
Docketed: 2022-04-27
Status: Denied
Type: Paid
Response Waived
Tags: federal-communications-commission federal-preemption payphone-service payphone-services preemption public-service-commission state-regulation state-requirements tariff-compliance telecommunications-act telecommunications-act-1996
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-06-09
Question Presented (from Petition)

Is the finding of the Public Service Commission of the State of New York, which was affirmed by the Supreme Court of New York, Appellate Division, Third Department, that tariffs for independent payphone providers comply with orders of the Federal Communications Commission, preempted by 47 U.S.C. § 276(c).

Whether the finding of the Supreme Court of New York, Appellate Division, Third Department, that Verizon cannot be held liable for refunds if an overcharge occurred is preempted by 47 U.S.C. § 276(c).

Question Presented (AI Summary)

Is the finding of the Public Service Commission of the State of New York, which was affirmed by the Supreme Court of New York, Appellate Division, Third Department, that tariffs for independent payphone providers comply with orders of the Federal Communications Commission, preempted by 47 U.S.C. § 276(c)

Docket Entries

2022-06-13
Petition DENIED.
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-18
Waiver of right of respondent Verizon New York Inc. to respond filed.
2022-05-18
Waiver of right of respondent Public Service Commission of the State of New York to respond filed.
2022-04-20
Petition for a writ of certiorari filed. (Response due May 27, 2022)
2022-02-02
Application (21A389) granted by Justice Sotomayor extending the time to file until April 22, 2022.
2022-01-31
Application (21A389) to extend the time to file a petition for a writ of certiorari from February 21, 2022 to April 22, 2022, submitted to Justice Sotomayor.

Attorneys

Best Payphones, Inc., et al.
David BoltonDavid Bolton, P.C., Petitioner
Public Service Commission of the State of New York
John J. SiposNew York State Department of Public Service, Respondent
Verizon New York Inc.
Scott H. AngstreichKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent