LIBERTY CABLEVISION OF PUERTO RICO, INC., Plaintiff, Appellee,
v.
MUNICIPALITY OF CAGUAS, Defendant, Appellant,
William Miranda-Marin, Mayor of the Municipality of Caguas; Telecommunications Regulatory Board of Puerto Rico, Defendants.
Liberty Cablevision of Puerto Rico, Inc., Plaintiff, Appellant,
v.
Telecommunications Regulatory Board of Puerto Rico, Defendant, Appellant,
Municipality of Barceloneta; Municipality of Las Piedras, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard February 11, 2005.
Decided August 9, 2005.
Attorney(s) appearing for the Case
Eyck O. Lugo-Rivera, with whom Humberto Guzmán-Rodríguez, Eliseo Roques and Martínez Odell & Calabria, were on brief, for Municipality of Caguas.
Orlando Fernández, with whom Orlando Fernández Law Offices, was on brief, for Liberty Cablevision of Puerto Rico, Inc.
Robert F. Reklaitis, with whom Leslie Paul Machado and Nixon Peabody LLP, were on brief, for Telecommunications Regulatory Board of Puerto Rico.
Luis F. Colón-González, with whom Colón González Law Firm, was on brief, for the Municipality of Barceloneta.
Enrique R. Siaca, with whom Quiñones & Sánchez, P.S.C., was on brief, for amicus curiae Centennial Puerto Rico Cable TV Corp.
Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
These consolidated and conflicting cases present a novel question: whether municipal ordinances which assess gross revenue fees on cable providers for use of the municipalities' "rights-of-way" — when similar fees are already assessed by the state "local franchising authority" in accordance with the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq. (1984) ("Cable...
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