BROOKHAVEN CABLE TV INC. v. KELLY

No. 76-CV-154.

428 F.Supp. 1216 (1977)

BROOKHAVEN CABLE TV INC. et al., Plaintiffs, United States of America and Federal Communications Commission, Intervenors-Plaintiffs, v. Robert F. KELLY, Chairman, et al., Defendants, National Association of Regulatory Utility Commissioners, Intervenor-Defendant, City of New York, Amicus Curiae.

United States District Court, N. D. New York.

March 9, 1977.


Attorney(s) appearing for the Case

Dugan, Lyons, Pentak, Brown & Tobin, Albany, N.Y. and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs; Stuart Robinowitz, New York City, of counsel.

Rex E. Lee, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Paul V. French, U.S. Atty., N.D.N.Y., Albany, N.Y., for intervenors-plaintiffs; David J. Anderson, Robert M. Rader, Washington, D.C., Gustave J. DiBianco, Asst. U.S. Atty., Syracuse, N.Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., Albany, N.Y., for defendants; Kenneth J. Connolly, Asst. Atty. Gen., of counsel.

Paul Rogers, Stephen G. Kraskin, Washington, D.C., for intervenor-defendant.

W. Bernard Richland, Corp. Counsel, New York City, for amicus curiae; Alexander Gigante, Jr., Evelyn J. Junge, New York City, of counsel.


MEMORANDUM-DECISION AND ORDER

PORT, Senior District Judge.

The plaintiffs and defendants have both moved for summary judgment on the first claim for relief asserted in the complaint. That claim challenges the right of the defendants, Commissioners of the New York State Commission on Cable Television (State Commission), to regulate the charges for pay cable TV on the ground that the matter has been preempted by the Federal Communications Commission.

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