City of Liberal v. Teleprompter Cable Service, Inc.

The opinion of the court was delivered by

Harman, C.:

This injunction action was brought by a city to determine its right to regulate rates charged by a cable television company for services to subscribers under an existing franchise. The trial court held the city lacked this authority and it has appealed.

The facts in the case are stipulated. By ordinance No. 1499, enacted February 21, 1956, the city of Liberal granted a franchise to TV Cable, Inc., to provide cable television services within the city for a period of twenty years. In 1960 TV Cable, Inc., assigned its rights under the franchise…