TEXAS COALITION OF CITIES FOR UTILITY ISSUES; National Association of Telecommunications Officers and Advisors (NATOA), Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 27, 2003.
March 27, 2003.
Attorney(s) appearing for the Case
Joseph L. Van Eaton (argued), William Robert Malone, Frederick Edward Ellrod, III, Miller & Van Eaton, Washington, DC, for Texas Coalition of Cities on Franchised Utilities Issues, Petitioner, and Metropolitan Government of Nashville and Davidson Cty., TN, City of Albuquerque, NM and City of Pasadena, CA, Intervenors.
Paul Glist, John D. Seiver (argued), Geoffrey C. Cook, Cole, Raywid & Braverman, Washington, DC, Samara Lackman Kline, Baker Botts, Dallas, TX, for Charter Communications Entertainment, Intervenor.
John L. Kennedy, Metro Nashville Davidson Cty. Government, Dept. of Law, Nashville, TN, for Metropolitan Government of Nashville and Davidson Cty., TN, Intervenor.
Nann M. Houliston, Albuquerque, NM, for City of Albuquerque, NM, Intervenor.
Joel Robert Marcus, Daniel M. Armstrong, III (argued), Michael K. Powell, FCC, Office of Gen. Counsel, Washington, DC, for FCC, Respondent.
Robert J. Wiggers, Catherine G. O'Sullivan, Chief Atty., U.S. Dept. of Justice, Antitrust Div., John Ashcroft, U.S Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for United States, Respondent.
Michael S. Schooler, Diane Bess Burstein, Daniel Leslie Brenner, Nat. Cable Telecommunications Ass'n, Washington, DC, for Nat. Cable & Telecommunications Ass'n, Intervenor.
David E. Mills, Kara D. Little, Dow, Lohnes & Albertson, Washington, DC, for Comcast Cable Communications, Inc., Intervenor.
Paul A. Janis, Robert Todd Hunt, Walter & Haverfield, Cleveland, OH, for Ohio Local Franchising Authorities, Amicus Curiae.
Before SMITH, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EMILIO M. GARZA, Circuit Judge:
The Texas Coalition of Cities For Utility Issues ("TCCFUI") and the National Association of Telecommunications Officers and Advisors ("NATOA") petition this Court for review of a final order of the Federal Communications Commission ("FCC" or "Commission"). The contested order determined that cable system operators were permitted, at any time, to pass through to cable subscribers the full amount of the franchise fees imposed on operators...
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