Tag Archives: Cable TV

Civil Practice – HOA Has no Standing to Sue Video Provider (access required)

Southern Walk at Broadlands Homeowner’s Ass’n Inc. v. OpenBand at Broadlands LLC A homeowners’ association did not adequately allege standing to sue a wire-based video services provider on a claim that its contract making it the sole provider to the subdivision violates the FCC Exclusivity Order, but the 4th Circuit says the complaint should have been dismissed without prejudice to allow the HOA to replead.

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Civil Practice – Subject Matter Jurisdiction – Case or Controversy – First Impression — Public Utilities – Cable TV – Municipal — Pole Attachment Rates (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis Since the defendant-town has merely proposed a pole-attachment rate to which the plaintiff-cable television provider objects, there is no controversy for the court to adjudicate.

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Civil Practice – Intervention Motions – Public Utilities – Contract – Rates – Cable TV – Utility Pole Use (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis. Where the movant's interest in this case is abstract - it is concerned that any rate methodology used by the court in this court could bind the movant's members in any future negotiations or disputes with plaintiff - the movant's interests can be protected by allowing it to participate as an amicus curiae in any future proceedings addressing the appropriate rate methodology to be applied by the court in this case. The N.C. Association of Electric Cooperatives' motion to intervene is denied.

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