Alston, C & P's Vice President of Operations & Engineering, at 1. C & P represents that, in the absence of ง 533(b), it would enhance its telephone network in Alexandria to have the capability to carry video programming. BVS is an affiliate of C & P, incorporated in Virginia on September 24, 1992, for the purpose of providing video programming to the public.
It is, without dispute, a common carrier subject to subchapter II of the Communications Act, and therefore subject to ง 533(b). Ĭ & P provides local wireline telephone exchange and exchange access service in portions of Virginia, including the City of Alexandria. ง 533(b) ("ง 533(b)"), which prohibit telephone companies, and their affiliates, from providing video programming to subscribers within their service areas. Specifically, plaintiffs challenge subsections (1) and (2) of 47 U.S.C. Plaintiffs in this case, Chesapeake and Potomac Telephone Company of Virginia ("C & *911 P") and Bell Atlantic Video Services Company ("BVS"), both wholly-owned subsidiaries of Bell Atlantic Corporation, challenge the constitutionality under the First Amendment of certain provisions of the Cable Communications Policy Act of 1984 (the "1984 Cable Act"), 47 U.S.C. Sokler, Peter Kimm, Jr., Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Washington, DC, for intervenor-defendant. Div., Washington, DC, for defendants.īruce D. Cappuccio, Christopher Landau, Kirkland & Ellis, Washington, DC, for plaintiffs. Hensen, Johnson & Gibbs, Washington, DC, Kenneth W. Tribe, Jonathan Massey, Cambridge, MA, Robert A. Wright, Jr., Hazel & Thomas, P.C., Alexandria, VA, John Thorne, Michael E. National Cable Television Association, Inc., Intervenor-Defendant. UNITED STATES of America, et al., Defendants.
909(1993) The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, et al., Plaintiffs,
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