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TIME WARNER CABLE, INC. v. HUDSON

No. 10-51113.

667 F.3d 630 (2012)

TIME WARNER CABLE, INC.; Texas Cable Association, Plaintiffs-Appellants, v. Paul HUDSON, in His Official Capacity as Chairman of the Public Utility Commission of Texas; Julie Parsley, in Her Official Capacity as Commissioner of the Public Utility Commission of Texas; Barry Smitherman, in His Official Capacity as Commissioner of the Public Utility Commission of Texas, Defendants-Appellees, TCCFUI, Texas Coalition of Cities for Utility Issues; GTE Southwest, Inc., doing business as Verizon Southwest; Southwestern Bell Telephone L.P., doing business as SBC Texas; Grande Communications Networks, Inc., Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 2012.

Attorney(s) appearing for the Case

Roger James George, Jr. , Trial Atty., George & Brothers, L.L.P., Austin, TX, for Plaintiffs-Appellants.

James Patrick Sullivan (argued), Asst. Sol. Gen., Office of the Atty. Gen., Office of the Sol. Gen., James Carlton Todd , Asst. Atty. Gen., Office of the Atty. Gen., Gen. Lit. Div., Austin, TX, for Defendants-Appellees.

Renea Hicks , Law Office of Renea Hicks, Clarence A. West , Atty., Kent Ronald Hance , Hance Scarborough, L.L.P., Austin, TX, Andrew Gerald McBride , Senior Lit. Atty., John E. Barry , Atty., Wiley Rein, L.L.P., Michael K. Kellogg (argued), Kellogg Huber Hansen , Gregory G. Rapawy , Kellogg Huber Hansen , Washington, DC, Javier Aguilar , Gen. Atty., AT&T Services, Inc., Kathleen McElroy LaValle , Jackson Walker, L.L.P., Dallas, TX, for Intervenor Defendants-Appellees.

Before REAVLEY, ELROD and GRAVES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Time Warner Cable and Texas Cable Association appeal the district court's grant of summary judgment that dismissed their claims that a Texas statute violates the First and Fourteenth Amendments of the Constitution or is preempted by federal law. Because the statute unjustifiably discriminates against a small number of incumbent cable providers in violation of the First Amendment, we REVERSE.

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