New Filing: Cert Petition in Level 3 Communications v. St. Louis

UPDATE: The petition has now been docketed as number 08-626 (link here).

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Earlier today, Akin Gump filed this cert petition (with appendix) in Level 3 Communications v. City of St. Louis. The question presented is:

Did the Eighth Circuit err in holding, in acknowledged conflict with several other circuits, that local governments’ fees and restrictions on telecommunication carriers’ access to public rights-of-way are not preempted by federal law so long as they do not effectively preclude the plaintiff from providing telecommunications services?