Jones Intercable of San Diego, Inc. v. City of Chula Vista

ORDER

The opinion filed Oct. 5, 1995, is withdrawn.

OPINION

I.

Jones Intercable of San Diego, Inc., brought this action in district court against the City of Chula Vista. Jones alleged that the City had denied Jones’ constitutional and statutory rights when it refused to permit Jones to operate a cable television system in areas newly annexed by the City. The district court granted summary judgment to the City, and Jones appeals. We affirm the judgment of the district court with regard to all claims except the claim of taking of property without just compensation. That claim we order dismissed as unripe.

II.

Jones operates cable television systems. In 1987, with the approval of the County of San Diego, Jones accepted assignment of a twenty-year license from the County to construct and operate a cable television system within the County. Pursuant to encroachment permits it received from the County, Jones proceeded with the construction of ea- *323 ble infrastructure upon public rights-of-way of the County. The cable infrastructure consists of a “head-end” facility equipped with a satellite dish that receives satellite-delivered television signals. It also includes a main…