Comcast of Sacramento I, LLC v. Sacramento Metropolitan Cable Television Commission, No. 17-16847 (9th Cir. 2019)
Annotate this CaseUnder 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. The Ninth Circuit vacated the district court's grants of summary judgment for Comcast. In this case, Comcast sought money damages against a municipality, and thus the suit arose out of the regulation of cable services pursuant to section 555a(a), which barred the only relief Comcast sought. Accordingly, the panel remanded with instructions to dismiss Comcast's lawsuit.
Court Description: Cable Franchise Fees. The panel vacated the district court’s summary judgment and held that 47 U.S.C. § 555a(a) barred the only relief sought by Comcast of Sacramento in its lawsuit concerning the calculation and payment of cable franchise fees. 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. As an initial matter, the panel rejected Comcast’s argument that the Sacramento Metropolitan Cable Television Commission (the “Commission”) waived any argument relying on 47 U.S.C. § 555a(a). The panel held that the issue was raised and addressed by the district court sua sponte, and the Commission’s briefs sufficiently raised the issue for purposes of appeal. The panel held that Comcast pleaded claims of conversion and common count, both intended to obtain a return of the security deposit paid to the Commission by Comcast’s predecessor in interest under the terms of a franchise agreement, and these claims seek an award of money damages (and not injunctive or declaratory relief) and are brought against a cable franchising authority. The panel COMCAST V. SMCTC 3 further held that Comcast’s lawsuit, as pleaded, arose from cable regulation. The panel concluded that the lawsuit was subject to the bar provided by § 555a(a), and must be dismissed on that basis. The panel instructed the district court to enter an order on remand, dismissing the lawsuit without prejudice. The panel rejected Comcast’s argument that it was left without any possible means of obtaining the return of its security deposit.
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