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SPECTRUM NORTHEAST, LLC v. FREY

No. 20-2142.

22 F.4th 287 (2022)

SPECTRUM NORTHEAST, LLC; Charter Communications, Inc., Plaintiffs, Appellees, v. Aaron FREY, in his official capacity as Attorney General of the State of Maine, Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 4, 2022.

Attorney(s) appearing for the Case

Paul E. Suitter , Assistant Attorney General, with whom Aaron M. Frey , Attorney General, and Christopher C. Taub , Chief Deputy Attorney General, were on the brief, for appellant.

Matthew S. Hellman , with whom Howard J. Symons , Jonathan A. Langlinais , Allison M. Tjemsland , Joshua D. Dunlap , Jenner & Block LLP, and Pierce Atwood LLP were on the brief, for appellee.

Before Thompson, Dyk, and Barron Circuit Judges.

The Cable Communications Act of 1984 ("Cable Act") preempts state laws that regulate "rates for the provision of cable service" if the Federal Communications Commission ("FCC") has determined that cable operators in that state are "subject to effective competition." 47 U.S.C. §§ 543(a)(2), 556(c). Recently, Maine, a...

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