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MALLENBAUM v. ADELPHIA COMMUNICATIONS CORP.

No. 95-1085.

74 F.3d 465 (1996)

Amy MALLENBAUM; David Mallenbaum, individually and on behalf of all others similarly situated v. ADELPHIA COMMUNICATIONS CORPORATION, David Mallenbaum and Amy Mallenbaum, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 22, 1996.

Attorney(s) appearing for the Case

Michael R. Needle (argued), Michael R. Needle, P.C., Philadelphia, PA, Lawrence E. Feldman, Law Offices of Lawrence E. Feldman, Elkins Park, PA, David B. Zlotnick, Zlotnick & Thomas, Tucson, AZ, for Appellants and the Class.

Geoffrey D.C. Best (argued), Sara C. Kay, LeBoeuf, Lamb, Greene and MacRae, L.L.P., New York City, Randall D. Fisher, Leslie Brown, Adelphia Communications Corp., Coudersport, PA, Stephen W. Armstrong, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellee.

Before: BECKER, GREENBERG, Circuit Judges, and LANCASTER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiffs Amy and David Mallenbaum, on behalf of themselves and others similarly situated, sued defendant Adelphia Communications Corporation ("Adelphia") in district court challenging its monthly fee to cable subscribers who receive programming on more than one television set. Plaintiffs claim that this fee is an impermissible equipment charge under Title VI of the 1992 Cable Act ("Cable Act" or "Act"), 47 U...

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