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BLAB T.V. OF MOBILE, INC. v. COMCAST CABLE COMMUNICATIONS

No. 97-6804.

182 F.3d 851 (1999)

BLAB T.V. OF MOBILE, INC. d.b.a. Bay T.V., Plaintiff-Appellant, v. COMCAST CABLE COMMUNICATIONS, INC., Comcast Cablevision Corporation of Mobile, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 30, 1999.

Attorney(s) appearing for the Case

David A. McDonald, Mobile, AL, Vincent F. Kilborn, III, Kilborn & Roebuck, Mobile, AL, for Plaintiff-Appellant.

Edward S. Sledge, III, P. Russel Myles, Bradley S. Copenhaver, Hand, Arendall, L.L.C., Mobile, AL, Terry S. Bienstock, Hector R. Rivera, Miami, FL, for Defendants-Appellees.

Neal M. Goldberg, Michael S. Schooler, Daniel L. Brenner, National Cable Television Assoc., Washington, DC, for Amicus Curiae NCTA.

Before HATCHETT and BIRCH, Circuit Judges, and KEITH, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this appeal, we determine, as a matter of first impression, whether section 612 of the Cable Communications Policy Act of 1984 completely preempts state-law tort and breach of contract claims involving "leased access" cable channels such that the claims are removable to federal court. The district court ruled that section 612 converted the state-law claims into claims arising under federal question jurisdiction, and thus denied a motion to...

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