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SAN JUAN CABLE LLC v. PUERTO RICO TELEPHONE

No. 09-1965.

612 F.3d 25 (2010)

SAN JUAN CABLE LLC d/b/a OneLink Communications, Plaintiff, Appellant, v. PUERTO RICO TELEPHONE COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 15, 2010.

Attorney(s) appearing for the Case

Thomas J. McCormack, with whom Dana Frix, Karl H. Buch, Chadbourne & Parke, and Guillermo J. Ramos-Luiña were on brief, for appellant.

Lynn R. Charytan, with whom Mark C. Flemming, Samir Jain, Anne H. Sherwood, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

SELYA, Circuit Judge.

This appeal presents two separate, but related, issues of statutory construction. The first poses a question that has not been answered at the federal appellate level: does a cable operator have an implied private right of action to enforce section 541(b)(1) of the Cable Communications Policy Act of 1984 (Cable Act), 47 U.S.C. § 541(b)(1), against a rival who has violated that provision? The second...

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