MASSACHUSETTS DEPT. OF TELECOMMUNICATIONS v. FCC

No. 19-2282.

983 F.3d 28 (2020)

MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND CABLE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, and Charter Communications, Inc., Intervenor.

United States Court of Appeals, First Circuit.

December 18, 2020.


Attorney(s) appearing for the Case

David C. Kravitz , Deputy State Solicitor, with whom Maura Healy , Attorney General of Massachusetts, was on brief, for Petitioner.

James M. Carr , Counsel, with whom Makan Delrahim , Assistant Attorney General, Michael F. Murray , Deputy Assistant Attorney General, Robert B. Nicholson , Attorney, Steven J. Mintz , Attorney, the United States Department of Justice, Ashley S. Boizelle , Acting General Counsel, Richard K. Welch , Deputy Associate General Counsel, Adam G. Crews , Counsel, and the Federal Communications Commission were on brief, for Respondent.

Howard J. Symons , with whom Jessica Ring Amunson and Jonathan A. Langlinais , Washington, DC, were on brief, for Intervenor.

Rick C. Chessen , Neal M. Goldberg , Mary Beth Murphy , Washington, DC, and Radhika Bhat on brief for NCTA — The Internet & Television Association, amicus curiae.

Before LYNCH, Circuit Judge, and SARIS, District Judge.


The Massachusetts Department of Telecommunications and Cable ("MDTC") petitions for review of an adverse FCC order dated October 25, 2019. The MDTC challenges the FCC's determination that the cable system operated by Charter Communications, Inc. ("Charter") in Massachusetts is subject to "effective competition" in its franchise...

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