Cable Arizona Corp. v. Coxcom, Inc.

This appeal requires us to decide whether § 621(a)(2) of the Cable Communications Policy Act of 1984, 47 U.S.C. § 541 (a)(2) — which gives cable franchisees the right to construct a cable system “over public rights-of-way, and through easements, ... which have been dedicated for compatible uses” — allows a cable company access to individual units in a private apartment complex through easements granted to other cable providers.

Cable Arizona Corporation, which is also known as CableAnerica, is a franchised cable television service provider that brought suit against the owner of three apartment complexes in Mesa, Arizona (Feiga Partners), and CoxCom, Inc., likewise a cable service provider, alleging that they violated § 621(a)(2) by preventing Ca-bleAmerica from using private easements to offer cable service to residents of Fei-ga’s apartments. The district court held that § 621(a)(2) allows a right of access only to easements dedicated to a public use. We now join four other circuits in holding that the Cable Act does not require access to private easements granted by a property owner to other cable operators.

As we have jurisdiction, 28 U.S.C. § 1291 , we…