United States Tenth Circuit

Under the FCC's inside wiring rules, defendant's license to maintain cable wiring installed within an apartment complex is limited to the wiring currently being used to provide cable television services, and defendant must sell, abandon, or remove the other wiring it no longer has a right to maintain.

Appellate Information

• Decided 08/30/2004
• Published 08/30/2004

Judges

• LUCERO, Circuit Judge., Before LUCERO, McKAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael W. Quinn (Bernard J. Rhodes, Lathrop & Gage, L.C., Kansas City, MO, with him on the briefs), Time Warner Cable, Stamford, CT, for the Plaintiffs-Appellants., Matthew C. Ames, Gerard Lavery Lederer, Miller & Van Eaton, P.L.L.C., Washington, DC;  Roger Platt, Vice President & Counsel, The RealEstate Roundtable, Washington, DC;  Molly Foley-Healey, Community Associations Institute, Alexandria, VA;  Tony Edwards and Robert Cohen, National Association of Real Estate Investment Trusts, Washington, DC, on the brief for the Amici Curiae.


• For Appellees:
  
• Lee M. Smithyman (Rachel Lipman Reiber, Everest Midwest Licensee, L.L.C., Kansas City, MO, with him on the brief), Smithyman & Zakoura, Chartered, Overland Park, KS, for the Defendant-Appellee.