Legal Opinion

City of Dallas v. Federal Communications Commission

Court of Appeals for the Fifth Circuit

Decided July 31, 1997No. 96-60427PublishedCited by 26 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

States and municipalities routinely charge a franchise fee for the right to operate a television cable system within its jurisdiction. Congress has required, however, that these fees be no more than five percent of a cable operator’s “gross revenue.” 47 U.S.C. § 542(b). In a final order, the Federal Communications Commission determined that a cable operator’s gross revenue does not include money collected from subscribers that is allocated to pay a franchise fee. The cities of Dallas and Laredo, Texas appeal this final order, contending that the FCC has ignored…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Perrin v. United StatesSupreme Court of the United States · 1979
  3. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  4. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  5. Erie Telecommunications, Inc. v. City of Erie, PennsylvaniaCourt of Appeals for the Third Circuit · 1988

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. City of Gary v. Indiana Bell Telephone Co.Indiana Supreme Court · 2000
  2. Anthony Favata v. Kevin SeidelCourt of Appeals for the Third Circuit · 2013
  3. DirecTV, Inc. v. TolsonCourt of Appeals for the Fourth Circuit · 2008
  4. Stucky v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2001
  5. Qwest Communications Corp. v. City of BerkeleyDistrict Court, N.D. California · 2001

21 more not listed; retrieve them via the Exa API.

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