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Appellate Court of Illinois


The City of Chicago v. Comcast Cale Holdings, 1053566

In an action to recover cable franchise fees from cable and internet service company defendants, dismissal of the action is reversed where: 1) the City has authority under the home rule provision of the Illinois Constitution to enforce its valid Renewal Agreements that include the 5% franchise fee; 2) the Agreements are valid contracts under state law and are not preempted by federal law; and 3) the franchise fee contemplated in the Agreements is not a tax prohibited by the federal Internet Tax Freedom Act. (Modified Opinion, originally filed 5/17/07)

Appellate Information

  • Decided 08/23/2007
  • Published 08/30/2007

Judges

Court

  • Appellate Court of Illinois

Counsel

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