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CITY OF ROME, N.Y. v. VERIZON COMMUNICATIONS, INC.

Docket No. 03-7195.

362 F.3d 168 (2004)

The CITY OF ROME, NEW YORK, Plaintiff-Appellant, v. VERIZON COMMUNICATIONS INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 25, 2004.

Attorney(s) appearing for the Case

James S. Rizzo, Corporation Counsel, for Plaintiff-Appellant City of Rome, Rome, New York.

Andrew G. McBride, Wiley Rein & Fielding LLP (Helgi C. Walker and Eve Klindera Reed, of counsel), for Defendant-Appellee Verizon Communications Inc., Washington, D.C.

Henry W. Underhill, Jr. (Lani L. Williams, of counsel), for amici curiae The International Municipal Lawyers Association, The National League of Cities, The National Association of Telecommunications Officers and Advisors, The National Association of Counties, The United States Conference of Mayors, and The New York State Conference of Mayors, Washington, D.C.

Before: McLAUGHLIN and KATZMANN, Circuit Judges, SCHEINDLIN, District Judge.

Judge SCHEINDLIN dissents in a separate opinion.

KATZMANN, Circuit Judge.

This case calls upon us to examine the interplay of local, state, and federal laws as they affect the authority of a city to negotiate franchise agreements with telecommunications companies. More specifically, we decide to what extent, if any, Section 253 of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56, confers federal jurisdiction upon cases implicating it that...

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