No. 18-1386October Term 2019Decided Oct 21, 2019
Dan M. Lipschultz, In His Official Capacity as Commissioner of the Minnesota Public Utilities Commission, et al., Petitioners v. Charter Advanced Services (MN), LLC, et al.
The Supreme Court did not take up the VoIP classification dispute, so it did not settle the federal questions raised in the petition.
Case status
- Current stage
- Decided
- Latest event
- Decision released Oct 21, 2019
- What it's about
from the United States Court of Appeals for the Eighth Circuit.
Question presented
1. Whether FCC policy preempts state regulation of Voice over Internet Protocol (VoIP) service? 2. Whether VoIP service is a telecommunications or an information service under the appropriate functional test for classification determinations from Brand X?
- Case path
United States Court of Appeals for the Eighth Circuit / Decision released Oct 21, 2019
- Area
Decided Supreme Court case
Briefing
What it's about
The justices declined to hear this case, so they did not decide whether federal communications policy blocks Minnesota from regulating Voice over Internet Protocol (VoIP) service or how VoIP should be classified under federal law. That leaves the Eighth Circuit's result in place without a Supreme Court answer on the merits.
Vote
On Oct. 21, 2019, the Court declined review; the record provided here does not give a vote breakdown or opinion lineup.
Impact
VoIP service is widely used and is replacing traditional phone service for many customers. The fight matters to state regulators, phone and internet providers, and consumers because it can affect which rules apply to services people use for calls over the internet.
What's next
There is no further action in this Supreme Court docket. In practical terms, the lower-court outcome remains in effect unless lawmakers, regulators, or a future case changes the law.
What was the core dispute in this case?
The petition asked whether FCC policy preempts (blocks) state regulation of VoIP service. It also asked whether VoIP is a telecommunications service or an information service.
Who could feel the real-world effects of this dispute?
State utility regulators, internet-based phone companies, and customers using app-based or broadband calling services could all be affected. Different classifications can change what rules providers must follow.
What happened next after the Supreme Court's action?
The Court finished the case by declining review. That means the Supreme Court did not decide the merits, and the Eighth Circuit result stayed in place.
Decision
What the Court decided
The Supreme Court did not take up the VoIP classification dispute, so it did not settle the federal questions raised in the petition.
Impact
VoIP service is widely used and is replacing traditional phone service for many customers. The fight matters to state regulators, phone and internet providers, and consumers because it can affect which rules apply to services people use for calls over the internet.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 18-1386
docket | Jun 1, 2026
Primary case document
Supreme Court document | Jun 1, 2026
CourtListener docket record
docket | Jun 1, 2026
Opinion
opinion | Oct 21, 2019
Petition
brief | May 1, 2019
Lower Court Orders/Opinions
order | Feb 22, 2019
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026