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PUERTO RICO TELEPHONE CO., INC. v. MUNICIPALITY OF GUAYANILLA

No. 05-1400.

450 F.3d 9 (2006)

PUERTO RICO TELEPHONE COMPANY, INC., Plaintiff, Appellee, v. MUNICIPALITY OF GUAYANILLA and The Honorable Edgardo Arlequín Vélez, Mayor of the Municipality of Guayanilla, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 7, 2006.

Attorney(s) appearing for the Case

Alfredo Acevedo Cruz, with whom Law Offices of Pedro E. Ortiz Álverez, PSC were on brief, for appellants.

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

Eyck O. Lugo, with whom Cristina S. Belaval-Burger and Martínez Odeall & Calabria were on brief, for amicus curiae Municipality of Caguas.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

This appeal requires us to apply § 253 of the Federal Telecommunications Act ("TCA"), 47 U.S.C. § 253, which sets limits on the authority of state and local governments to regulate telecommunications providers. The Municipality of Guayanilla ("the Municipality") enacted an ordinance imposing a 5% gross revenue fee on telecommunications providers for their use of public rights of way1 within the Municipality...

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