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Working Paper 1: Supplement B: City of Bristol vs. Mark Earley
Written By: James P. Jones
Date Modified: 2001-05-16
Summary: The plaintiff in this case is the City of Bristol, Virginia, doing business as the Bristol Virginia Utilities Board (“City”). The City filed a complaint against Mark L. Earley, Attorney General of Virginia, and against the Commonwealth of Virginia, requesting a declaratory judgment that a Virginia statute prohibiting the City from providing fiber optic telecommunications services to the public is preempted by the federal Telecommunications Act of 1996 (“Telecommunications Act” or “Act”), 47 U.S.C.A. § 253(a) (West 1991 & Supp. 2000). By order dated February 2, 2001, the Virginia Telecommunications Industry Association was added as a party defendant in response to its motion to intervene under Federal Rule of Civil Procedure 24.
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