Legal Opinion
In Re Metromedia Fiber Network, Inc.
United States Bankruptcy Court, S.D. New York
Decided June 22, 2004No. 19-10437PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON OBJECTIONS TO CLAIMS
ADLAI S. HARDIN, JR., Bankruptcy Judge.
The issue before the Court is whether a claim may be disallowed on the ground that it violates the federal Telecommunications Act of 1996, 47 U.S.C. § 251 et seq. (the “FTA”), in particular 47 U.S.C. § 253(a). The claim in question is based on a 5% ’’franchise fee” (alternatively referred to as “rent” or a claim based on quantum meruit) which, together with other local franchise requirements, is imposed by a county on all telecommunications service providers except for the incumbent provider. Under the analysis of the…
2Cases cited10 opinions
- At&T Corp. v. Iowa Utilities BoardSupreme Court of the United States · 1999
- Tcg Detroit, (98-2034), (98-2035) v. City of Dearborn, (98-2034),third-Party (98-2035), Ameritech Michigan, Incorporated, Third-Party (98-2035)Court of Appeals for the Third Circuit · 2000
- The City of Rome, New York v. Verizon Communications Inc.Court of Appeals for the Second Circuit · 2004
- New Jersey Payphone Association, Inc, a Not for Profit Corporation Organized Under the Laws of New Jersey v. Town of West New YorkCourt of Appeals for the Third Circuit · 2002
- Bell Atlantic-Maryland, Inc. v. Prince George's CountyDistrict Court, D. Maryland · 1999
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3Cited by3 opinions
- Dakota Systems, Inc. v. VikenSouth Dakota Supreme Court · 2005
- Montgomery County Maryland v. Metromedia Fiber Network, Inc.District Court, S.D. New York · 2005
- In re Best Payphones, Inc.District Court, S.D. New York · 2007