RESPONDENT: Federal Communications Commission
LOCATION: South Dakota Legislature
DOCKET NO.: 85-1658
DECIDED BY: Rehnquist Court (1986-1987)
LOWER COURT: United States Court of Appeals for the Eleventh Circuit
CITATION: 480 US 245 (1987)
ARGUED: Dec 03, 1986
DECIDED: Feb 25, 1987
Allan J. Topol - for appellees in both cases
Allan J. Topoi - on behalf of the appellees
Jay E. Ricks - on behalf of the appellants
Lawrence G. Wallace - on behalf of the appellants
Facts of the case
Media for Federal Communications Commission v. Florida Power CorporationAudio Transcription for Oral Argument - December 03, 1986 in Federal Communications Commission v. Florida Power Corporation
Audio Transcription for Opinion Announcement - February 25, 1987 in Federal Communications Commission v. Florida Power Corporation
William H. Rehnquist:
The opinion of the Court in No. 85-1658, Federal Communications Commission versus Florida Power Corporation will be announced by Justice Marshall.
In this case which comes to us on appeal from the United States Court of Appeals for the Eleventh Circuit.
The Court of Appeals in that case held that the Pole Attachments ACT of the state to be unconstitutional.
That Act provides that the Federal Communications Commission may regulate the rates which elected power utilities charge, cable television operators wishing to connect transmission cable to the utility poles.
We reverse the decision of the Court of Appeals.
Justice Powell has filed a concurring opinion in which Justices O'Connor joins.