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CENTEL CABLE TV v. ADMIRAL'S COVE ASSOCIATES

No. 87-5463.

835 F.2d 1359 (1988)

CENTEL CABLE TELEVISION COMPANY OF FLORIDA, Plaintiff-Appellant, v. ADMIRAL'S COVE ASSOCIATES, LTD., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 19, 1988.

Attorney(s) appearing for the Case

Terry S. Bienstock, Philip J. Kantor, Frates Bienstock & Sheehe, Miami, Fla., for plaintiff-appellant.

Paul Glist, Cole, Raywid & Braverman, Washington, D.C., for Florida Cable Television, Ass'n, Inc.

Howard Graff, Bloch, Graff, Danzig & Helline, New York City, for Cable Holdings of Georgia.

E. Cole Fitzgerald, III, Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., Thomas A. Sheehan, III, West Palm Beach, Mark J. Tauber, Piper & Marbury, Washington, D.C., for defendants-appellees.

Before FAY and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

FAY, Circuit Judge:

Centel Cable Television Company of Florida ("Centel") moved for a preliminary injunction under section 621(a)(2) of the Cable Communications Policy Act of 1984, 47 U.S.C. § 541(a)(2) (Supp. III 1985) ("section 621(a)(2)") to allow it to provide cable television to a new residential community.1 The district court judge dismissed the case on the basis that there was not an implied private right of action for section...

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