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BERKSHIRE CABLEVISION OF RHODE ISLAND v. BURKE

Civ. A. No. 82-0537.

571 F.Supp. 976 (1983)

BERKSHIRE CABLEVISION OF RHODE ISLAND, INC. v. Edward F. BURKE, in his capacity as Administrator of the Division of Public Utilities and Carriers, State of Rhode Island.

United States District Court, D. Rhode Island.

September 15, 1983.

Attorney(s) appearing for the Case

John V. Kenny, Newton, Mass., for plaintiff.

Richard Crowell, Providence, R.I., for defendant.

OPINION

PETTINE, Senior District Judge.

This case involves important questions concerning the First Amendment rights of cable television operators. At issue is the constitutionality of regulations promulgated by the Rhode Island Division of Public Utilities and Carriers ("DPUC"); the contested features require:

1. the cable television operator to provide, of the total available channels, at least one channel each for access by members of the public...

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