NEW YORK STATE COMMISSION ON CABLE TELEVISION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
New York State Cable Television Association and Manhattan Cable TV, Inc., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 2, 1977.
Decided January 25, 1978.
Attorney(s) appearing for the Case
Philip Weinberg, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for petitioner.
Gregory M. Christopher, Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., Daniel M. Armstrong, Associate Gen. Counsel, Robert B. Nicholson, Peter Delacruz, Washington, D. C., of counsel), for respondent FCC.
David W. Smith, Pryor, Cashman, Sherman & Flynn, New York City (Joseph Z. Epstein and Sandra L. Grayson, Pryor, Cashman, Sherman & Flynn, New York City, W. Theodore Pierson, Jr., and Benjamin J. Griffin, Pierson, Ball & Dowd, Washington, D. C., of counsel), for intervenor Manhattan Cable TV, Inc.
Robert S. Smith, Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Stuart Robinowitz and Susan P. Carr, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for intervenor New York State Cable Television Association.
Before FRIENDLY, HAYS and OAKES, Circuit Judges.
United States Court of Appeals, Second Circuit.
OAKES, Circuit Judge:
This petition for review1 requires our construction of a 1972 Federal Communications Commission (FCC) regulation (Regulation or Section 76.31(b)) limiting combined state and local franchise fees imposed upon cable television (CTV) systems.2 Those systems in operation prior to March 31, 1972, were "grandfathered" under the Regulation. The controversy centers on the parameters of this special...
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