9th Circuit Says Comcast Can't Seek Damages in Sacramento Cable Franchise Dispute
Federal law bars damages that Comcast sought in a lawsuit challenging Sacramento cable franchise fees, ruled the 9th Circuit U.S. Court of Appeals. Wednesday's opinion vacated a lower court’s summary judgment, directing that court to enter an order on remand…
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to dismiss the suit without prejudice. Comcast had sought a return of its security deposit, totaling nearly $230,000 with interest, after disagreeing with the Sacramento Metropolitan Cable Television Commission about calculation of California Public Utilities Commission and public, educational and governmental fees under state and federal law. “Under 47 U.S.C. § 555a(a), local authorities and municipalities, involved in the regulation of cable television services within their boundaries, are exempted from civil money damages liability in any lawsuit for any claim arising from the regulation of cable services,” wrote Judge Randy Smith with Judges Consuelo Callahan and Fernando Olguin. Comcast is reviewing the decision, a spokesperson said. The Sacramento commission didn't comment.