E. GRADY JOLLY, Circuit Judge:
States and municipalities routinely charge a franchise fee for the right to operate a television cable system within its jurisdiction. Congress has required, however, that these fees be no more than five percent of a cable operator's "gross revenue." 47 U.S.C. § 542(b). In a final order, the Federal Communications Commission determined that a cable operator's gross revenue does not include money collected from subscribers that is...
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