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LIBERTY CAB. OF PR v. MUNICIPALITY OF BARCELONETA

No. CIV.01-2650IJP.

326 F.Supp.2d 236 (2004)

LIBERTY CABLEVISION OF PUERTO RICO, Plaintiff, v. MUNICIPALITY OF BARCELONETA, et al., Defendants.

United States District Court, D. Puerto Rico.

July 6, 2004.

Attorney(s) appearing for the Case

Orlando Fernández, Esq., García & Fernández, San Juan, PR, for Plaintiff.

Luis F. Colón, Esq., Colón González Law Office, Old San Juan, PR, Eglee W. Pérez Rodríguez, Esq., San Juan, PR, Carmen S. Curet Salim, Esq., Hato Rey, PR, for Defendants.

OPINION AND ORDER

PIERAS, Senior District Judge.

I. INTRODUCTION AND PROCEDURAL BACKGROUND

Before the Court is the novel issue of whether a party who is paying a franchise fee under federal law to one entity for use of municipal rights of way for cable television layout is obligated to pay an additional fee to the owner of those same rights of way, a municipality, for their use. For the foregoing reasons, the Court concludes that Plaintiff...

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