This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
This case concerns whether 47 U.S.C. §253(a) preempts state laws that restrict entities, including municipal utilities, from providing telecommunications services.
The parties argue about the meaning of “any entity” in the statute and whether it includes political subdivisions such as municipal corporations.
Background and question before the Court
The central question is whether the phrase “any entity” in §253(a) encompasses state‑created municipal utilities, thereby making state regulations that bar them from offering telecom services invalid under federal preemption.
What each side argues
Federal Petitioners (Mr. Feldman)
According to Federal Petitioners, section 253(a) preempts state laws that prohibit or have the effect of prohibiting any entity from providing telecommunications services.
According to Mr. Feldman, congress contemplated giving states some leeway, but it never intended to intrude on state sovereignty in the way the Eighth Circuit held.
Petitioner Nixon (Mr. Molteni)
According to Petitioner Nixon, the Eighth Circuit interprets “entity” to include political subdivisions of the states, which would give Missouri’s political subdivisions authority that the state itself has withheld.
Respondent (Missouri Municipal League) – Counsel David A. Strauss
According to David A. Strauss, gregory v. Ashcroft applies when statutory language is ambiguous, but the language of §253(a) – “any entity” – is not ambiguous.
Congress intended “any entity” to include municipal corporations, treating them as competitors in the telecommunications market.
According to Mr. Strauss, the State cannot repeal the statute unless it is part of a competitively neutral reorganization of local government.
What happened at oral argument
According to Justice, qUESTION: Why isn't any entity clear? I mean,
According to Justice, qUESTION: What do they have to say to make any -- any entity clear? Paren, and we really mean it?
According to Justice, qUESTION: To regulate private companies.
According to Justice Breyer, qUESTION: No, no. It would be -- the question would be whether they had the authority to do it.
According to Justice, qUESTION: Well, Mr. Strauss points to subsection (b) of the statute as indicating Congress did contemplate giving some leeway.
What the Court decided
Why it matters
The interpretation of “any entity” will determine whether municipal utilities can compete in the telecommunications market, affecting both consumer choice and state regulatory authority.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 5f5df6b78e2a937c383c-r1-0cbead4345c3f09f.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.