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RCN TELECOM SERVICES v. DELUCA ENTERPRISES

No. Civ.A. 04-264.

413 F.Supp.2d 464 (2005)

RCN TELECOM SERVICES, INC., Plaintiff v. DELUCA ENTERPRISES, INC., d/b/a Hanover Crossing North, Defendant v. Jaindl Land Company, Third-Party Defendant and Service Electric Cable Television, Inc., Party Needed for Just Adjudication

United States District Court, E.D. Pennsylvania.

July 12, 2005.

Attorney(s) appearing for the Case

Henry S. Perkin, Lehigh County Solicitor County of Lehigh Dept. of Law, Allentown, PA, for Plaintiff.

Dwayne F. Stanley, Drinker Biddle & Reath Llp, Philadelphia, PA, for Defendant.

Richard F. Stevens, Stevens & Johnson, Allentown, PA, for Third-party Plaintiff.

OPINION

STENGEL, District Judge.

RCN Telecom Services, Inc., a cable service provider, filed this suit against De-Luca Enterprises, Inc., a residential land developer, alleging a violation of section 621(a)(2) of the Cable Communications Policy Act of 1984 ("Cable Act"), 47 U.S.C. 541(a)(2). The threshold questions are whether there is an implied private right of action pursuant to the Cable Act and if the Act bars an exclusive agreement between a...

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