Maine Prorating Law Isn't Cable Rate Regulation: 1st Circuit
The 1st U.S. Circuit Court of Appeals reversed a lower court's finding that the Cable Act preempted Maine's cable TV charges prorating law. In a 39-page decision Tuesday (docket 20-2142), Judges Rogeriee Thompson, Timothy Dyk and David Barron said the…
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Maine law doesn't govern rates for provision of cable service but governs the period after provision of cable service and is a consumer protection law. They said the Cable Act's structure, legislative history and amendments compel a finding of no preemption of the Maine law. Dyk penned the decision. Oral argument in Maine's appeal of the lower court's summary judgment supporting Charter Communications' challenge was in June (see 2106070042). Outside counsel for Charter didn't comment.