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TIMBERLAKE PLANTATION COMPANY v. LEXINGTON CTY.

No. 23861.

431 S.E.2d 573 (1993)

TIMBERLAKE PLANTATION COMPANY, Plaintiff, v. COUNTY OF LEXINGTON, South Carolina, Columbia Cable T.V. Company, Inc., and Star Cable Associates, Defendants, of whom Columbia Cable T.V. Company, Inc. is Respondent, and Star Cable Associates is Petitioner.

Supreme Court of South Carolina.

Decided May 17, 1993.

Attorney(s) appearing for the Case

Nina Nelson Smith, Julie Jeffords Moose, and C. Mitchell Brown, all of Nelson, Mullins, Riley, and Scarborough, Columbia, and Leonard J. Marisco, of Buchanan Ingersoll, P.C., Pittsburgh, PA, for petitioner.

Frank R. Ellerbe, III, J. Kershaw Spong, and D. Reece Williams, all of Robinson, McFadden & Moore, P.C., Columbia, for respondent.

Michael B. McKeithen, pro-se.

Jeff M. Anderson, of Bouknight, Nicholson, Davis, Frawley, and Anderson, Lexington, for County of Lexington.

HARWELL, Chief Justice:

This is a declaratory judgment action in which the Court of Appeals held that a cable television company's contract to become the exclusive provider of cable service to a residential development effectively created a monopoly, thereby inhibiting competition in violation of section 601 of the Federal Cable Communications Policy Act of 1984, 47 U.S.C. § 521 (1991). Timberlake Plantation Co. v. County of Lexington, ___ S.C. ___,

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