X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A federal judge has ruled that the Cable Communications Policy Act of 1984 provides a private cause of action that allows cable television service providers to sue land developers who allegedly thwart competition by granting exclusive access to a single cable provider. In his 21-page opinion in RCN Telecom Services Inc. v. DeLuca Enterprises Inc., U.S. District Judge Lawrence F. Stengel found that the Cable Act was designed not only to ” create a regulatory framework,” but also to “ encourage the growth and development of cable systems.” That second purpose, Stengel said, “brings cable franchises into the class for whose especial benefit the statute was enacted.” Since the 3rd U.S. Circuit Court of Appeals has never addressed the question, Stengel applied the four-prong test for deciding whether Congress intended to create a private cause of action articulated by the U.S. Supreme Court in its 1975 decision in Cort v. Ash. He concluded that Congress intended to allow cable providers to file suit to enforce the Cable Act. “It seems inconsistent to deny a private right of action to a party well-suited to promote the growth of the development of a cable system,” Stengel wrote. “The stated purpose of the Cable Act would be thwarted, not advanced, by the denial of a private cause of action to a cable company.” As a result, Stengel rejected the reasoning of a Middle District of Pennsylvania judge who found the law does not provide a private cause of action, and opted instead to follow decisions from the 4th and 11th circuits holding that it does. Stengel said he found the 11th Circuit’s 1988 decision in Centel Cable Television Co. v. Admiral’s Cove Associates Ltd. “particularly persuasive” because the appellate court “observ[ed] that cable companies are the parties best suited to vindicate the rights provided in the Cable Act.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.