CABLE TELEVISION ASS'N v. FINNERAN

No. 384, Docket 91-7539.

954 F.2d 91 (1992)

CABLE TELEVISION ASSOCIATION OF NEW YORK, INC., Plaintiff-Appellant, v. William B. FINNERAN; Theodore E. Mulford; Barbara T. Rochman; John A. Passidomo; Michael E. Russell, Individually and as members of the New York State Commission on Cable Television, and the New York State Commission on Cable Television, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 16, 1992.


Attorney(s) appearing for the Case

R. Bruce Beckner, Charles S. Walsh, Stuart F. Feldstein, Jay B. Bryan, Fleischman and Walsh, P.C., Washington, D.C., for plaintiff-appellant.

Victor Paladino, Asst. Atty. Gen., Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen. of State of N.Y., Albany, N.Y., for defendants-appellees.

Brenda L. Fox, Michael S. Schooler and Loretta P. Polk, Washington, D.C., for amicus curiae, Nat. Cable Television Ass'n, Inc.

Before MESKILL, WINTER and WALKER, Circuit Judges.


WALKER, Circuit Judge:

This case presents a challenge to New York's authority to regulate rates charged by cable television companies to customers wishing to downgrade to a less expensive level of cable service. The plaintiff, the Cable Television Association of New York (CTANY), asserts that Congress preempted state authority to regulate downgrade charges in the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq. [the Cable Act]. The District...

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