City of Chicago v. Comcast Cable Holdings, L. L. C.

State: Illinois

Docket No: 105342, 105348, 105349 cons. Rel

Case Date: 11/20/2008

Preview:Docket Nos. 105342, 105348, 105349 cons.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE CITY OF CHICAGO, Appellee, v. COMCAST CABLE HOLDINGS, L.L.C., et al., Appellants. Opinion filed November 20, 2008.

JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION The City of Chicago filed a complaint against the defendants, all operators of local cable television systems, in a dispute over cable franchise fees, seeking declaratory relief. Specifically, the City alleged the defendants violated their cable franchise renewal agreements by discontinuing payment of a portion of a 5% franchise fee required by the agreements. In a joint motion to dismiss, the defendants argued that the contractual fee provision was preempted by section 542(b) of the Cable Communications Policy Act of 1984 (Communications Act) (47 U.S.C.

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