CITY OF KNOXVILLE TENNESSEE v. NETFLIX INC ET AL (2022)

JUDGMENT

This case was heard under Tennessee Supreme Court Rule 23 on a certified question of law accepted from the United States District Court for the Eastern District of Tennessee: whether Netflix, Inc. and Hulu, LLC are video service providers under the Competitive Cable and Video Services Act, Tenn. Code Ann. § 7-59-303(19). Upon review of the briefs and arguments of counsel, this Court's answer to the certified question is “no”: Netflix and Hulu do not provide “video service” within the meaning of the Act and thus do not qualify as “video service providers.”

The Clerk is directed to transmit a copy of the Court's opinion to the United States District Court for the Eastern District of Tennessee in accordance with Tennessee Supreme Court Rule 23, section 8. Costs associated with the proceedings in this Court are taxed to the City of Knoxville, for which execution may issue if necessary.