Time Warner Entertainment Co. v. Everest Midwest Licensee, L.L.C.

LUCERO, Circuit Judge.

At issue in this case is the application of the Federal Communication Commission’s (“FCC”) cable television “inside wiring rules” under an agreement which grants an incumbent cable provider, Time Warner, a license to maintain the cable wiring its predecessor installed within an apartment complex, The Atriums. The Atriums argues that the license is limited to the wiring currently being used to provide ca*1042ble television services, and therefore that it may invoke an FCC regulation which requires the incumbent cable provider to sell, abandon, or remove wiring the incumbent…