5th. Circ. Strikes Down Texas Cable Franchise Law

Law360, New York (January 13, 2012, 9:57 PM EST) -- The Fifth Circuit on Friday struck down a Texas state law allowing new cable providers to bypass the process of negotiating with individual municipalities, ruling that it violates the First Amendment by discriminating against a small number of incumbent cable providers.

The appeals court reversed a district court's ruling dismissing the challenge to the law filed by the Texas Cable Association and incumbent cable provider Time Warner Cable Inc. against the Public Utility Commission of Texas.

Senate Bill 5, passed in 2005 in an attempt to...
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