Court Actions
Court Rules No Money Damages Under Section 1983
The United States Court of Appeals for the Second Circuit ruled that telecommunications providers cannot bring a cause of action for money damages under 42 U.S.C. § 1983 for a violation of Section 253 of the Telecommunications Act of 1996. NextG Networks sued the city of New York, alleging that the city’s regulatory scheme as a whole violated Section 253 because the city “assumes that it has the unfettered discretion and power to determine who may or may not provide telecommunications services.” The court dismissed the company’s claim for money damages, but remanded the case to the district court to determine whether the city’s regulatory scheme “is in material respects prohibited or preempted by the Telecommunications Act of 1996.”
Michigan Communities Take Comcast to Court
On January 11, 2008, the Michigan communities of Dearborn and Meridian filed a lawsuit against Comcast challenging the company’s plan to unilaterally move PEG channels to a digital tier. As a result, those customers with only basic or expanded basic service would have to get a converter box in order to view the channels. On January 14, the court agreed with the cities’ position and issued an order prohibiting Comcast from moving the channels from their current location or changing the format in which they are delivered to viewers.
Dearborn_v_Comcast_Complaint.pdfMotion_for_Preliminary_Injunction.pdf
Memorandum_in_Support.pdf
Afflerbach_Affidavit.pdf
Comcast_Brief.pdf
Plaintiffs_Response.pdf
Court_Order.pdf
Court of Appeals for the Sixth Circuit has set Oral Argument for February 6, 2008 in Cincinnati, OH
NATOA and Others File Reply Briefs
On October 4, NATOA and its national partners, along with other interested parties, filed Reply Briefs with the Sixth Circuit Court of Appeals. Now that briefing is complete, the next step in the litigation challenging the FCC’s Franchising Order is for the Court to schedule oral argument. It is hoped that the Court will hear the matter within the next 60-90 days.
All Reply Briefs are available online for your review. Just click on the one you would like to read: NATOA and national partners; Fairfax County; New York City; New Jersey Rate Counsel; City and County of San Francisco; City of Tampa et al.; NCTA.
FCC and Telecos File Appellate Briefs
On September 17, the FCC, telecos, and a coalition of communications equipment manufacturers filed briefs in the Sixth Circuit Court of Appeals in support of the FCC’s franchising order. The briefs assert, among other things, that the FCC had the statutory authority to issue its new rules. NATOA and its partners will be filing briefs in response to the arguments raised by October 4.