The Telecommunications Law Resource Center is the most comprehensive reference and news platform for communications law, covering broadcasting, cable, broadband, telephony and wireless;...
AT&T will be back in court facing a challenge to its right to install its U-verse cable television package in Kentucky under an 1886 telephone franchise from the state, the U.S. Court of Appeals for the Sixth Circuit held March 2, reversing a dismissal from the court below.
The perpetual franchise given to AT&T's predecessor-in-interest, BellSouth Telecommunications Inc., gave the company the right to “purchase, construct, maintain and operate, within this State and elsewhere, telephone lines, exchanges and systems, and to conduct all the business incident and pertaining thereto,”and to “construct, equip and maintain telephone lines along, over or under the highways, streets and alleys, and across any water-course within this Commonwealth, so as not to obstruct the same.” A competitor argued that under the state constitution and local law AT&T needed a new cable franchise.
The district court granted AT&T's motion to dismiss, but the appeals court said that the lower court “prematurely reached the question of law, and improperly dismissed the case in the absence of a sufficient factual record.” It explained that the district court did not apply the correct standard for a motion to dismiss, and erred by noting the question presented by the competitor was “whether the transmission of IP video signals is outside the scope” of AT&T's franchise, when the proper question at the motion to dismiss stage was “whether the plaintiff's complaint includes ‘enough facts to state a claim to relief that is plausible on its face.' ”
It also said that the district court “relied on self-serving facts written by AT&T in a stipulated agreement—facts that conflicted with the well-pleaded facts in the complaint—to make findings about the nature of U-verse service, and its applicability to AT&T's telephone franchise” (Mediacom Southeast LLC v. BellSouth Telecommunications Inc., 6th Cir., No. 10-6117, 3/2/12). Full text at http://pub.bna.com/lw/106117.pdf
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)