6th Circuit Says Ky. 911 Law Not Preempted
A district court erred in concluding that a Kentucky 911 law conflicts with and is preempted by the 2018 federal Wireless Telecom Tax and Fee Collection Fairness Act, the 6th U.S. Circuit Court of Appeals ruled (in Pacer) Friday. The…
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appeals court vacated U.S. District Court of Eastern Kentucky’s judgment, permanent injunction and attorney fees award in favor of CTIA. It affirmed the lower court’s partial dismissal of CTIA’s complaint. CTIA claimed the state law conflicted with the federal law by requiring Lifeline providers to remit 911 service charges for end users despite absence of a financial transaction, but the 6th Circuit said the law doesn’t “require Lifeline providers ‘to collect from, or remit on behalf of,’ a charge ‘imposed on’ an end user.” The court disagreed with appellant Kentucky 911 Services Board that CTIA lacked standing (see 2108190049). The case’s judges were Eugene Siler, Eric Clay and David McKeague. The 6th Circuit opinion wasn't recommended for publication. CTIA didn’t comment by our deadline.