Pacific West Cable Company v. City of Sacramento, California and County of Sacramento, California

Pacific West Cable Company (“Pacific West”) appeals the district court’s denial of its motion for a preliminary injunction against the City of Sacramento, California and the County of Sacramento, California (“Sacramento”). Pacific West sought to enjoin Sacramento from denying Pacific West the opportunity to build and operate a cable television system within the Sacramento metropolitan area. We conclude that the district court did not abuse its discretion in denying Pacific West the preliminary injunction that it requested, and we affirm.

FACTS

In November 1981, pursuant to Cal.Gov. Code § 53066 (West Supp.1984), the Sacramento City Council and County Board of Supervisors enacted the Cable Television Ordinance, Sacramento City Code ch. 20 §§ 5.50.10-5.50.864 (“the Ordinance”). The Ordinance established the exclusive procedure for awarding cable television franchises for the Sacramento metropolitan area. The possession of a franchise is a requirement for access to Sacramento’s public utility poles and underground conduits.

In July 1983, the Sacramento Metropolitan Cable Television Commission issued a Request for Proposals for a single, nonexclusive cable television franchise. The…