January 20, 1999

BRIEF AMICI FILED IN TEXAS RIGHT-OF-WAY APPEAL

(City of Austin v. SWB Video Systems, 5th Circuit)

Leading associations representing municipal interests and other cities have joined in filing a brief amici in support of the City of Austin in its cable franchising dispute with Southwestern Bell Video Systems. SWBV operates SMATVs in the Austin area that are connected by SWBT’s video transmission service, the cables for which are laid in the City’s rights-of-way. A district judge ruled that SWBV was not required by Section 621(b) of the 1984 federal Cable Act to have a local cable franchise. In so ruling, the judge extended the FCC’s decision in the East Lansing-Meridian Township SMATV case, which involved an operator unaffiliated with the local exchange carrier. Austin appealed to the U.S. Court of Appeals for the Fifth Circuit in New Orleans. Appeals from the FCC’s Michigan decision have been appealed to the U.S. Court of Appeals for the Seventh Circuit in Chicago.

Click here for a copy of the brief amici curiæ. The participating amici are listed at the beginning of the brief.