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No. 18-1386October Term 2019Decided Oct 21, 2019

Docket 18-1386October Term 2019 (2019–2020)

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
Case Accepted
Arguments
Decision ReleasedOct 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

Decision record

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