United States First Circuit

Municipal ordinances, which assess gross revenue fees on cable providers for use of the municipalities' "rights-of-way," are preempted by federal law when similar fees are already assessed by the state "local franchising authority" in accordance with the Cable Communications Policy Act.

Appellate Information

• Decided 08/09/2005
• Published 08/10/2005

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eyck O. Lugo-Rivera, with whom Humberto Guzmán-Rodríguez, Eliseo Roques and Martínez Odell & Calabria, were on brief, for Municipality of Caguas., Orlando Fernández, with whom Orlando Fernández Law Offices, was on brief, for Liberty Cablevision of Puerto Rico, Inc., Robert F. Reklaitis, with whom Leslie Paul Machado and Nixon Peabody LLP, were on brief, for Telecommunications Regulatory Board of Puerto Rico., Luis F. Colón-González, with whom Colón González Law Firm, was on brief, for the Municipality of Barceloneta., Enrique R. Siaca, with whom Quiñones & Sánchez, P.S.C., was on brief, for amicus curiae Centennial Puerto Rico Cable TV Corp.