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GILLIS v. MASS. CABLEVISION, INC.

369 Mass. 526 (1976)

340 N.E.2d 872

JOSEPH F. GILLIS & others vs. MASS. CABLEVISION, INC.

Supreme Judicial Court of Massachusetts, Barnstable.

January 9, 1976.

Attorney(s) appearing for the Case

Robert T. Capeless for Mass. Cablevision, Inc. (Edward W. Farrell, Town Counsel, for the Board of Selectmen of Falmouth, with him).

Joseph F. Gillis for the plaintiffs.

James D. St. Clair & Linda H. Wish for Cape Cod Cablevision Corporation; Michael B. Isaacs for The Massachusetts Community Antenna Television Commission, and Marshall Simonds, Kenneth Cohen & Cathleen Cavell for The New England Cable Television Association, amici curiae, submitted briefs.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

Community antenna television (CATV) systems are regulated under G.L.c. 166A, inserted by St. 1971, c. 1103, § 1. Section 41 of c. 1103 is a "grandfather clause," protecting any person who had previously "received a license or permit for construction and operation" of a CATV system. We are asked to determine whether a license issued to the defendant Mass. Cablevision Inc. (the...

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