Community Antenna Television of Wichita, Inc. v. City of Wichita

The opinion of the court was delivered by

Harman, C.:

This is a declaratory judgment action brought to nullify an ordinance of the city of Wichita governing the issuance of franchises for cable television systems.

The case has been here before (Community Antenna TV of Wichita, Inc. v. City of Wichita, 205 Kan. 537, 471 P. 2d 360, 41 A. L. R. 3d 374), review of which is necessary for an understanding of its present posture.

After enactment of the subject ordinance (No. 28-882) four bidders applied for a franchise. Plaintiff did not apply. Grant of a franchise was made to “the highest bidder”, as…