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Pacific Telesis Group Pacific Bell Nevada Bell v. United States of America Federal Communications Commission Janet Reno, Attorney General, and California Cable Television Association, Intervenor-Appellee
Citations: 48 F.3d 1106; 76 Rad. Reg. 2d (P & F) 1248; 95 Cal. Daily Op. Serv. 15; 1994 U.S. App. LEXIS 36776Docket: 94-16064
Court: Court of Appeals for the Ninth Circuit; December 29, 1994; Federal Appellate Court
The case involves a First Amendment challenge to the cross-ownership prohibition between telephone companies and cable television under 47 U.S.C. Sec. 533(b). The United States District Court for the Northern District of California had stayed proceedings pending the outcome of a related case, GTE California, Inc. v. Federal Communications Commission. Following the stay, the plaintiffs sought a preliminary injunction against the enforcement of Sec. 533(b), which the district court denied. This interlocutory appeal was subsequently filed. The Ninth Circuit Court of Appeals consolidated this case with another case, US West, Inc. v. United States, which addressed the same First Amendment issue. In a separate ruling for US West, the court determined that Sec. 533(b) is in violation of the First Amendment. Consequently, the Ninth Circuit reversed the district court's denial of the preliminary injunction and remanded the case for further proceedings consistent with its ruling in US West.