Legal Opinion
Liberty Cablevision v. Municipality of Barceloneta
District Court, D. Puerto Rico
Decided July 6, 2004No. CIV.01-2650IJPPublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
PIERAS, Senior District Judge.
I. INTRODUCTION AND PROCEDURAL BACKGROUND
Before the Court is the novel issue of whether a party who is paying a franchise fee under federal law to one entity for use of municipal rights of way for cable television layout is obligated to pay an additional fee to the owner of those same rights of way, a municipality, for their use. For the foregoing reasons, the Court concludes that Plaintiff is obligated to compensate both the franchisor and the municipalities whose rights of way it uses.
Plaintiff in this case is Liberty CableVision of Puerto…
2Cases cited20 opinions
- Hudson v. PalmerSupreme Court of the United States · 1984
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
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3Cited by1 opinion
- Liberty Cablevision of Puerto Rico, Inc. v. Municipality of CaguasCourt of Appeals for the First Circuit · 2005