Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
KEYSTONE CABLE-VISION CORP. v. FCC
February 5, 1979
KEYSTONE CABLE-VISION CORPORATION and James S. Williams, Plaintiffs,
The FEDERAL COMMUNICATIONS COMMISSION and Ron Parver, Larry Bloom, William J. Tricarico, Stephen Ross, the City of Pittsburgh and City Council and Richard S. Caliguiri, Sophie Masloff, Paul Imhoff, Dante R. Pellegrini, Virginia Cook, Mead J. Mulvill, Jr., William McCray, Defendants
The opinion of the court was delivered by: COHILL
In their attempts to secure authority to operate a cable television service in the City of Pittsburgh ("City"), plaintiffs have embarked on a voyage of litigation including a layover in this court.
The City's brief sets forth the convoluted history of this matter:
"Plaintiffs filed their first . . . action on October 20, 1976 in the Court of Common Pleas of Allegheny County (Docket No. G.D. 76-23612). In that action, plaintiffs sought injunctive and declaratory relief as well as damages against the City and its Director of Property and Supplies due to the City's failure to recognize it as Pittsburgh's cable television franchisee. By Order dated November 18, 1976, the Court dismissed the action on the grounds, Inter alia, that all contracts with the City had to be in accordance with 53 P.S. 23301 which provides for advertisement, bids and approval of all contracts by ordinance. None of those requirements were alleged by plaintiffs in that action (Affidavit of Virginia I. Cook, Exs. A and B). The Court stated in its opinion "that the Complaint is totally devoid of any merit.'
In a further attempt (to obtain permission to operate cable television), plaintiffs filed an application for an Electrical Permit with the City of Pittsburgh's Bureau of Building Inspection on May 11, 1977 (Affidavit of Virginia I. Cook, Ex. C). Permit Number 1657 was routinely issued by a clerk in the Bureau that same day on the basis of the signature of a registered electrician on the face of the application. (Affidavit of Virginia I. Cook, paragraph 3).
Upon notification of the proceeding before the FCC and review of the permit application, Permit Number 1657 was revoked by the City of Pittsburgh (Affidavit of Virginia I. Cook, Ex. E). Plaintiffs did not file a timely appeal from that revocation. (Affidavit of Virginia I. Cook, paragraph 5).
By Memorandum Opinion and Order adopted December 21, 1977 and released January 11, 1978, the FCC denied the request for a Certificate of Compliance for failure to obtain valid local authorization ((Brief of) FCC, Ex. C).
On February 2, 1978, plaintiffs once again filed an application for an electrical permit with the City of Pittsburgh and Electrical Permit Number 4586 was routinely issued by a clerk in the office of the Bureau of Building Inspection upon receipt of the application with the signature of a registered electrician thereon. (Affidavit of Virginia I. Cook, Exs. F and G). Upon subsequent review of representations made in the application on February 2, 1978 by the Superintendent of Building Inspection, Paul J. Imhoff, the permit was revoked. (Affidavit of Virginia I. Cook, Ex. H).
On February 9, 1978, plaintiffs filed a Petition for Reconsideration of its Certificate of Compliance with the FCC on the basis of revoked Electrical Permit Number 4586. (Affidavit of Virginia I. Cook, Ex. I). That petition was denied by the FCC by Memorandum Opinion and Order adopted July 27, 1978 and released August 9, 1978. (Affidavit of Virginia I. Cook, Ex. J).
On February 13, 1978 plaintiffs filed a Notice of Appeal from the revocation of Electrical Permits Numbers 1657 and 4586 with the Court of Common Pleas of Allegheny County at Docket No. S.A. 375 of 1978. The City of Pittsburgh filed a Motion To Quash that appeal and the case is still pending. (Affidavit of Virginia I. Cook, Exs. K and L; paragraph 9).
On August 20, 1978, the City of Pittsburgh adopted Ordinance No. 20 of 1978 which provides for the grant of cable television franchises and regulation thereof in the City of Pittsburgh. That ordinance was enacted after over two years of public hearings and extensive public comment from prospective franchises and other persons interested in the regulation of this highly specialized and technical area. At present no cable television franchises have been granted by the City of Pittsburgh (Affidavit of Virginia I. Cook, Ex. M; paragraphs 10 through 20.
On August 28, 1978, plaintiffs filed a (Pro se ) Complaint with this Court in an obvious attempt to circumvent the requirements of the City of Pittsburgh's cable television ordinance. In their Complaint, plaintiffs apparently alleged that the City defendants and the federal defendants (FCC and its employees) have conspired to deny them a right to operate a cable television system in Pittsburgh and that in the course of their conduct have denied plaintiffs their rights under the First, Fifth and Fourteenth Amendments to the United States Constitution and have violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2005 (sic). Plaintiffs are requesting this Court to grant them an instrument of authorization for a broadcasting service in the City of Pittsburgh.
Defendants (City and its employees) filed a Motion to Dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, alleging failure to state a claim upon which relief can be granted and lack of subject matter jurisdiction. The City ...
Buy This Entire Record For