MTR CENT. HUDSON v. PSC


108 A.D.2d 266 (1985)

In the Matter of Central Hudson Gas & Electric Corporation et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents. (Proceeding No. 1.) In the Matter of Consolidated Edison Company of New York, Inc., Petitioner, v. Public Service Commission of the State of New York, Respondent. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1985


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Stanley W. Widger, Jr., of counsel), for Central Hudson Gas & Electric Corporation and another, petitioners in Proceeding No. 1.

Donal F. McCarthy for Consolidated Edison Company of New York, Inc., petitioner in Proceeding No. 2.

Joshua Noah Koenig and Hogan & Hartson (Gardner F. Gillespie and Mary Anne Mason of counsel), for New York State Cable Television Association, respondent in Proceeding No. 1.

David E. Blabey (Lawrence G. Malone of counsel), for Public Service Commission of the State of New York, respondent in Proceeding No. 2.

MAHONEY, P. J., CASEY, MIKOLL and HARVEY, JJ., concur.


LEVINE, J.

The instant case culminates a more than decade long dispute between the cable television (hereinafter CATV) industry and State public utilities over regulation of fees charged CATV for use of utility power poles to run CATV cables. A similar controversy occurred at the national level, resulting in litigation before the Federal Communications Commission (FCC) (see, Matter of CATV Pole Attachments...

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