CITY OF AUSTIN, Plaintiff-Appellant,
v.
SOUTHWESTERN BELL VIDEO SERVICES, INC., Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 14, 1999.
Rehearing Denied November 16, 1999.
Attorney(s) appearing for the Case
Renea Hicks (argued), George, Donaldson & Ford, Edward Delabarre, Austin, TX, for Plaintiff-Appellant.
Michael Lee Diehl (argued), Edward Stevens McHorse, Graves, Dougherty, Hearon & Moody, Austin, TX, for Defendant-Appellee.
Craig Alan Morgan, Brown McCarroll & Oaks Hartline, Austin, TX, for Texas Cable & Telecommunications Ass'n, Amicus Curiae.
William Robert Malone, Nicholas P. Miller, Miller & Van Eaton, Washington, DC, for National Ass'n of Telecommunications Officers and Advisors (NATOA), Texas Coalition of Cities on Franchised Utilities Issues (TCCFUI), Michigan Coalition to Protect Public Rights-of-Way from Telecommunications Encroachment (PROTEC), City of St. Louis, City of Dallas, City of Indianapolis, City of Arlington, City of Lansing, City of Irving, City of Tucson, City of Yuma, Montgomery Cty., MD, Greater Metro Telecommunications Consortium (Denver).
James Ned Horwood, Washington, DC, William Robert Malone, Nicholas P. Miller, Miller & Van Eaton, Washington, DC, for Alliance for Communications Democracy (ACD), Alliance for Community Media (ACM) and Chicago Access Corp.(CAC), Amicus Curiae.
Neal Morse Goldberg, Daniel Leslie Brenner, National Cable Television, Washington, DC, William Robert Malone, Nicholas P. Miller, Miller & Van Eaton, Washington, DC, for National Cable Television Ass'n (NCTA), Amicus Curiae.
Before EMILIO M. GARZA and PARKER, Circuit Judges, and FITZWATER, District Judge.
United States Court of Appeals, Fifth Circuit.
EMILIO M. GARZA, Circuit Judge:
The City of Austin ("the City") claims that Southwestern Bell Video Service, Inc. ("SBVS"), a video programmer, must enter into a cable-television franchise agreement with it. The district court disagreed, granting summary judgment to SBVS. We affirm.
SBVS, a wholly-owned first-tier subsidiary of SBC Communications, Inc. ("SBC"), provides video (i.e., television) programming to multi-dwelling units (i.e., apartment...
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