Legal Opinion

Federal Communications Commission v. Florida Power Corp.

Supreme Court of the United States

Decided February 25, 1987No. 85-1658PublishedCited by 149 opinions

1Opinion of the CourtJustice Marshall

These cases present consolidated appeals from a single decision of the United States Court of Appeals for the Eleventh Circuit holding that 47 U. S. C. § 224 (the Pole Attachments Act) effects an unconstitutional taking of property without just compensation.

I

The Pole Attachments Act, 92 Stat. 35, as amended, 47 U. S. C. §224, was enacted by Congress as a solution to a perceived danger of anticompetitive practices by utilities in connection with cable television service. Cable television operators, in order to deliver television signals to their subscribers, must have a physical carrier for…

2Cases cited7 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  4. Bowles v. WillinghamSupreme Court of the United States · 1944
  5. Block v. HirshSupreme Court of the United States · 1921

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3Cited by149 opinions

  1. Yee v. City of EscondidoSupreme Court of the United States · 1992
  2. Pennell v. City of San JoseSupreme Court of the United States · 1988
  3. United States v. Sperry Corp.Supreme Court of the United States · 1989
  4. Kurtis B. Borre v. United StatesCourt of Appeals for the Seventh Circuit · 1991
  5. Chevron USA, Inc. v. CayetanoCourt of Appeals for the Ninth Circuit · 2000

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