COMCAST OF CALIFORNIA II, LLC v. City of San Jose, Cal.

ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

I. INTRODUCTION

In order to establish a national policy concerning cable communications which “assures that cable systems are responsive to the needs and interests of the local community” and “protects cable operators against unfair denials of renewal,” Congress enacted the Cable Communications Policy Act of 1984. 47 U.S.C. § 521 et seq. (referred to herein as the “Federal Cable Act” or “FCA”). The Act establishes a process whereby a cable operator may seek renewal of its franchise by submitting a written request and engaging in formal and/or informal renewal proceedings. In this action, Plaintiff Comcast of California II, L.L.C. (“Comcast”) challenges the legality of the formal renewal proceeding that has been instituted by the Defendant City of San Jose (“City”). Comcast seeks to halt the process currently set to begin before a designated hearing officer on the grounds that the proposed procedure violates Comcast’s constitutional rights to free speech and due process, as well as the provisions of the FCA. Comcast seeks in-junctive relief to stop the proposed hearing and to require the City to draft a new hearing…