Charter Subsidiary Defends Lawsuit Against Louisville
Charter defended its lawsuit against Louisville, Kentucky, over the city’s one-touch, make-ready ordinance and what it considers stricter treatment of Charter than of AT&T and Google. In response (in Pacer) Friday to the city’s motion to dismiss (see 1611230020), Charter…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
subsidiary Insight called the ordinance unconstitutional and pre-empted by state law. Kentucky is one state that opted out of FCC jurisdiction over pole attachments, assigning that authority to the Public Service Commission. "If the ordinance were not preempted, it would work an unconstitutional taking of Insight’s network facilities by allowing a third party to take possession of and even damage Insight’s property without just compensation,” Insight said. The company continued to argue for technology-neutral regulation of ISPs: "By forcing Insight alone to bear onerous regulations and obligations from which they have relieved its competitors, Defendants’ actions distort consumer choice, impair Insight’s competitive position in the marketplace, and unconstitutionally infringe its free speech and equal protection rights.”