COMMUNITY TELECABLE v. CITY OF SEATTLE DOA

No. 57491-4-I.

149 P.3d 380 (2006)

COMMUNITY TELECABLE OF SEATTLE, INC.; Comcast of Washington I, Inc.; and Comcast of Washington IV, Inc., Respondents, v. CITY OF SEATTLE, DEPARTMENT OF Executive ADMINISTRATION, Appellant.

Court of Appeals of Washington, Division 1.

December 11, 2006.


Attorney(s) appearing for the Case

Kent Charles Meyer, City of Seattle Attorneys Office, Seattle, WA, for Appellant.

Randal Lee Gainer, Dirk Jay Giseburt, Davis Wright Tremaine, Seattle, WA, for Respondents.


COLEMAN, J.

¶ 1 This case concerns the legality of the City of Seattle's telephone utility tax as it applies to Comcast's Internet transmission activities. Comcast sued the City for a refund of the tax, arguing that the tax is illegal under Washington's Internet Tax Moratorium and the federal Internet Tax Freedom Act. The trial court granted Comcast's cross-motion for summary judgment and denied the City's motion for summary judgment. The City appeals. We reverse...

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