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MEDIA GENERAL CABLE OF FAIRFAX v. SEQUOYAH CONDOMINIUM COUN. OF CO-OWNERS

No. 90-2399.

991 F.2d 1169 (1993)

MEDIA GENERAL CABLE OF FAIRFAX, INC., Plaintiff-Appellant, v. SEQUOYAH CONDOMINIUM COUNCIL OF CO-OWNERS; AMSAT Communication, Incorporated, Defendants-Appellees. Comcast Cable Communications; Adelphia Communications; Tele-Communications, Incorporated; Storer Cable Communications, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1993.

Attorney(s) appearing for the Case

Robert Harvey Chappell, Jr., Christian, Barton, Epps, Brent & Chappell, Richmond, VA, argued (David C. Kohler, E. Ford Stephens, on brief), for plaintiff-appellant.

W. James MacNaughton, Short Hills, NJ, argued (Robert Rowan, Nixon & Vanderhye, Frank W. Dunham, Jr., Cohen, Gettings, Alper & Dunham, Arlington, VA, William H. Hefty, Richmond, VA, on brief), for defendants-appellees.

Terry S. Bienstock, Frates, Bienstock & Sheehe, Miami, FL, for amici curiae.

Before ERVIN, Chief Judge, STAKER, United States District Judge for the Southern District of West Virginia, sitting by designation, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

ERVIN, Chief Judge:

Media General Cable of Fairfax, Inc. (Media) a cable television franchisee, brought this declaratory action under § 621(a)(2) of the Cable Communications Policy Act of 1984 ("the Cable Act")1 seeking a declaration that it was entitled to install its cable wires in compatible easements on the Sequoyah Condominium's (Sequoyah) commons area. The district court held that the Act did not (1) permit...

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