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MEDIACOM SOUTHEAST v. BELLSOUTH TELECOMMUNICATIONS

No. 10-6117.

672 F.3d 396 (2012)

MEDIACOM SOUTHEAST LLC, Plaintiff-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC. d/b/a AT & T Kentucky, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Laurence J. Zielke , Zielke Law Firm PLLC, Louisville, Kentucky, for Appellant. Geoffrey M. Klineberg , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellee. ON BRIEF: Laurence J. Zielke , Zielke Law Firm PLLC, Louisville, Kentucky, for Appellant. Geoffrey M. Klineberg , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., Philip W. Collier , Michael E. Kleinert , Stites & Harbison, PLLC, Louisville, Kentucky, Mark R. Overstreet , Stites & Harbison, PLLC, Frankfort, Kentucky, Mary K. Keyer , AT & T Kentucky, Louisville, Kentucky, for Appellee.

Before: BOGGS and STRANCH, Circuit Judges; and CARR, District Judge.

OPINION

BOGGS, Circuit Judge.

In 2009, AT & T sought to introduce a video service in Hopkinsville, Kentucky, relying on authority provided by its perpetual, Commonwealth-wide, telephone franchise granted in 1886. The City of Hopkinsville sued, claiming the telephone franchise did not allow AT & T to offer such services over its telephone wires. After Hopkinsville and AT & T settled, Mediacom, an incumbent cable provider in Hopkinsville, intervened...

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