United States First Circuit

In a private cable operator's suit against a rival-competitor claiming that the defendant has transgressed section 541(b)(1) of the Cable Act by constructing a cable system over public rights-of-way and providing cable service without having obtained a franchise, district court's judgment in favor of the defendant is affirmed where: 1) section 541(b)(1) of the Cable Act does not give rise to an implied private right of action; and 2) a private cable operator lacks standing to enforce prohibitions contained in two FCC rulemaking orders.

Appellate Information

• Decided 07/15/2010
• Published 07/15/2010

Judges

• SELYA, J.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. McCormack, Lynn R. Charytan