Re: open access in cable systems
- Date: Sat, 5 Jun 1999 18:16:50 -0400
- From: Gene Hastings <hastings@info-ren.org>
- Subject: Re: open access in cable systems
A copy of Judge Panner's opion is available at
http://www.natoa.org/attvportland.pdf.
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Date: Sat, 5 Jun 1999 00:30:13 -0700
From: HRH <richard@EUROPA.COM>
Subject: Re: ATT v Portland
Judge Owen Panner has released his decision today in the AT&T/TCI v.
Portland/Multnomah litigation (Case No.CV 99-65, Federal District Court,
Oregon). The Judge has granted Portland/Multnomah's motion for summary
judgment and agreed that AT&T/TCI "have no contractual right under the
franchise agreements to exclude competitors from the cable modem
platform."
The judge also stated that "the franchise agreements do not limit the
factors that the City and County may consider in deciding whether to
approve a change in control." In addition, the judge states "I conclude
that the mandatory access provision is related to AT&T's legal qualifications
to assume control of TCI's cable franchises. The mandatory access condition
does not substantially impair plaintiffs' contractual rights under the
franchise agreements." Please contact Dee Johnson of my staff at
503/823-5385 if you would like to obtain a copy of the decision.
FROM DAVID OLSON, Cable Director for City of Portland.
______________________________________________________________________
Richard Horswell O R I S P A
Chairman www.orispa.org
Oregon State Internet Service Providers Association
503.256.5844 PH
503.256.0176 FX
richard@europa.com
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