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FCC Declines 1st Circuit Invite to Weigh In on Maine Prorating Law Fight

The FCC "do[es] not have anything material to add to the party submissions," acting General Counsel Michele Ellison told the 1st U.S. Circuit Court of Appeals Monday (in Pacer, docket 20-2142), declining to give input to judges hearing an appeal…

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by Maine of a lower court's summary judgment supporting Charter Communications' challenge of the state's cable TV prorating law (see 2010290039). The court in June invited the agency to submit an amicus brief on whether the Maine law constitutes regulation of rates for the provision of cable service as preempted by federal law, and how states were regulating cable service rates when the Cable Act was enacted in 1984.