CITY OF NEW YORK v. F.C.C.

No. 85-1841.

814 F.2d 720 (1987)

CITY OF NEW YORK, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Cable Television Association, Inc., TeleCable Corporation, Viacom International, Inc., Gill Industries, National Association of Broadcasters, Association of Maximum Service Telecasters, Inc., New York Citizens' Committee for Responsible Media, National League of Cities, City of Miami, Florida, City of Wheaton, Illinois, Post-Newsweek Cable, Inc., City of Dallas, Texas, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1987.


Attorney(s) appearing for the Case

Robert Allan Garrett, with whom Paul S. Ryerson, Patrick J. Grant, Donald G. Frankel, Washington, D.C., for petitioner, City of New York and intervenors, City of Miami, Fla. and City of Wheaton, Ill., Cynthia Pols and Edward J. Walsh, Wheaton, Ill., for intervenor, National League of Cities, John J. Gunther, Washington, D.C., and Edward J. Perez, Los Angeles, Cal., for amici curiae, U.S. Conference of Mayors and the City of Los Angeles urging reversal.

Gregory M. Christopher, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief, for respondents. John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondents.

Brenda L. Fox and Seth A. Davidson, Washington, D.C., for intervenor, National Cable Television Ass'n, Inc., Lisa A. Hook, New York City, for intervenor, Viacom Intern., Inc., and Paul Glist, Washington, D.C., for intervenor, TeleCable Corp., were on joint brief for intervenors, National Cable Television Ass'n, Inc., Viacom Intern., Inc., and Telecable Corp.

David G. Rozzelle and Kathryn Riley Dole, Washington, D.C., were on brief, for intervenor, Gill Industries, Inc.

Nicholas P. Miller, W. Randolph Young and Larrine S. Holbrooke, Washington, D.C., were on brief, for intervenors, City of Dallas, Tex., et al.

Robert T. Perry, New York City, was on brief, for intervenor, New York Citizens' Committee for Responsible Media.

Henry L. Baumann and Julian L. Shepard, Washington, D.C., entered appearances for intervenor, Nat. Ass'n of Broadcasters.

Gregory M. Schmidt and Paul G. Gaston, Washington, D.C., entered appearances for intervenor, Ass'n of Maximum Service Telecasters, Inc.

Mitchell Lazarus and David R. Anderson, Washington, D.C., entered appearances for intervenor, Post-Newsweek Cable, Inc.

Before MIKVA, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

SILBERMAN, Circuit Judge:

This petition calls upon us to consider the authority of the Federal Communications Commission (FCC or Commission) to prohibit states and municipalities (franchisors or franchising authorities) from imposing upon cable television system operators technical requirements governing cable television...

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