Citations
- 886 F. Supp. 211
Full opinion text
MEMORANDUM OPINION
SQUATRITO, District Judge.
I. INTRODUCTION
This cause is now before the court on the cross-motions for summary judgment filed by Plaintiffs, the Southern New England Telephone Company (“SNET”) and SNET Diversified Group, Inc. (“the Diversified Group”) and Defendants, the United States of America, the Federal Communications Commission (“FCC”), and Attorney General Janet Reno, in her official capacity (collectively “the Government”), on April 18, 1994 and April 19, 1994, respectively. Documents # 10 & # 16.
Plaintiffs commenced this action on January 19, 1994 seeking a declaratory judgment and injunctive relief under 28 U.S.C. §§ 2201 and 2202. They allege that § 618(b) of the Cable Communications Policy Act of 1984 (“the Cable Act” or “the Act”), 47 U.S.C. § 533(b), violates the First Amendment to the United States Constitution. Plaintiffs have properly invoked this court’s federal question jurisdiction. 28 U.S.C. § 1331.
For the reasons stated below, Plaintiffs’ motion is granted and the Government’s motion is denied.
II. BACKGROUND
A. 47 U.S.C. § 533(b)
In 1984, Congress enacted the Cable Act to “establish a national policy concerning cable communications.” 47 U.S.C. § 521(1). See American Civil Liberties Union v. FCC, 823 F.2d 1554, 1557-60 (D.C.Cir.1987) (detailing background and purposes of the Cable Act), cert. denied, 485 U.S. 959, 108 S.Ct. 1220, 99 L.Ed.2d 421 (1988). The Act establishes a framework for state and local regulation of cable fees, rates, and service, mandates privacy and consumer protection safeguards for cable systems, and imposes a series of media cross-ownership restrictions.
The Cable Act provides in pertinent part that:
(1) It shall be unlawful for any common carrier, subject in whole or in part to subchapter II of this chapter, to provide video programming directly to subscribers in its telephone service area, either directly or indirectly through an affiliate owned by, operated by, controlled by, or under common control with the common carrier. (2) It shall be unlawful for any common carrier, subject in whole or in part to subchapter II of this chapter, to provide channels of communication or pole line conduit space, or other rental arrangements, to any entity which is directly or indirectly owned by, operated by, controlled by, or under common control with such common carrier, if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier.
47 U.S.C. § 533(b). Section 533(b)(3) provides an exception to the ban for telephone companies providing service in rural areas. Furthermore, the FCC has the authority to waive the prohibition under certain circumstances.