CITY OF CHICAGO; Texas Coalition of Cities on Franchised Utilities Issues; City of St. Louis; Charter Township of Meridian and City of East Lansing, Michigan; Alliance for Communications Democracy, Alliance for Community Media, and Chicago Access Corporation; National Cable Television Association, Inc.; National Association of Telecommunications Officers and Advisors (NATOA); and Michigan Cable Telecommunications Association, Petitioners, and
21st Century Telecom Group, Inc.; Michigan Coalition to Protect Public Rights of Way From Telecommunications Encroachments; and Greater Metro Telecommunications Consortium, Intervening Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. and
Entertainment Connections, Inc.; RCN Telecom Services, Inc.; and Wedgewood Communications Company, Intervening Respondents.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 14, 1999.
Decided December 7, 1999.
As Amended on Denial of Rehearing and Rehearing March 22, 2000.
Attorney(s) appearing for the Case
Mardell Nereim, Sonja D. Rajkovich, Office of the Corporation Counsel, Appeals Div., Chicago, IL, for City of Chicago.
Joseph VanEaton (argued), William Malone, Miller & VanEaton, Washington, DC, for Michigan Coalition to Protect Public Rights of Way from Telecommunications Encroachments, Texas Coalition of Cities on Franchised Utilities Issues, City of St. Louis, Alliance for Communications Democracy, National Cable Television Ass'n, Inc., National Association of Telecommunications Officers and Advisors.
Terri Werner, Piper & Marbury, Washington, DC, Joseph VanEaton, Miller & VanEaton, Washington, DC, for 21st Century Telecom Group, Inc.
Joseph VanEaton, Miller & VanEaton, Washington, DC, Kenneth S. Fellman, Kissinger & Fellman, Denver, CO, for Greater Metro Telecommunications Consortium.
K. Michele Walters (argued), Federal Communications Com'n, Washington, DC, for F.C.C.
Deborah C. Costlow, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, Joseph VanEaton, Miller & VanEaton, Washington, DC, for Entertainment Connections, Inc.
Joel deJesus, Swidler, Berlin, Shereff & Friedman, Washington, DC, Joseph VanEaton, Miller & VanEaton, Washington, DC, for RCN Telecom Services, Inc.
Raymond H. Groble, III, Daley & Mohan, Chicago, IL, Joseph VanEaton, Miller & VanEaton, Washington, DC, for Wedgewood Communications Co.
Robert J. Wiggers, Department of Justice, Antitrust Div., Appellate Sec., Washington, DC, for U.S.
Neil J. Lehto, O'Reilly, Rancilio, Nitz, Andrews & Turnbull, Sterling Heights, MI, Joseph VanEaton, Miller & VanEaton, Washington, DC, for City of East Lansing, Michigan and Charter Township of Meridian.
James N. Horwood, Spiegel & McDiarmid, Washington, DC, Joseph VanEaton, Miller & VanEaton, Washington, DC, for Alliance for Community Media and Chicago Access Corp.
Joseph VanEaton, Miller & VanEaton, Washington, DC, Neal Morse Goldberg, National Cable Television Ass'n, Washington, DC, for National Cable Television Ass'n, Inc.
Joseph VanEaton, Miller & VanEaton, Washington, DC, David E. S. Marvin, Fraser Trebilcock Davis & Foster, Lansing, MI, for Michigan Cable Telecommunications Association.
Before BAUER, ROVNER, and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
As Amended on Denial of Rehearing and Rehearing En Banc March 22, 2000.*
TERENCE T. EVANS, Circuit Judge.
Today we review a declaratory ruling of the Federal Communications Commission that Entertainment Connections, Inc. (ECI), the operator of a satellite master antenna television system (SMATV), is not a "cable operator" of a "cable system" as defined in 47 U.S.C. § 522(5) and (7) and thus is not subject to a requirement...
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