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Public Utilities

May 23, 2012

Administrative – Public Utilities – Cable Company – Regional Sports Network – No Unlawful Discrimination

TCR Sports Broadcasting Holding LLP d/b/a Mid Atlantic Sports Network v. FCC A regional sports network loses its challenge to an FCC order upholding a cable company’s decision on limited broadcast in North Carolina of Baltimore Orioles and Washington Nationals baseball games, for which there was limited demand; the 4th Circuit upholds the FCC finding that the cable company did not engag[...]

Mar 28, 2012

Zoning – Public Utilities – Cell Phone Tower – Conditional Use Permit

T-Mobile Northeast LLC v. City Council of Newport News, Va. The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va.

Mar 21, 2012

Public Utilities – Telephone Service – Interconnection Agreements – Local Exchange Carriers

New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.

Mar 8, 2012

Municipal – Public Utilities – Cell Tower – Discrimination Claim

T-Mobile Northeast LLC v. Fairfax County Board of Supervisors In this appeal, we consider certain “prohibition” and “discrimination” challenges brought by a wireless telecommunications provider against a local governing body under a provision of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(i), and conclude the Fairfax County, Va., board of supervisors did not viol[...]

Dec 15, 2011

Public Utilities – Telecommunications – Administrative – Standing – Billing Agent

CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit. In the Telecommunications Act of 1996, Congress attempted to deregulate all aspects of U.S. teleco[...]

Mar 30, 2011

Public Utilities – Water & Sewer – Ratemaking – Application for Increase – Denial – Public Service Commission Authority – Errors of Law

Utilities Services of South Carolina, Inc. v. South Carolina Office of Regulatory Staff. When the General Assembly created the Office of Regulatory Staff (ORS) to investigate and audit public utilities, the . . .

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