Charter, Maine Duel Over Pro-Rata Law Cert Petition

A 1st Circuit U.S. Court of Appeals decision that the Cable Act doesn't preempt Maine's cable TV charges prorating law (see 2201040072) doesn't warrant Supreme Court review because there's no meaningful split of authority on the issue, the state said Friday in opposition to Charter Communications' cert petition (docket 21-1539). The 1st Circuit is the first federal appellate court to look at the issue, Maine said. The 1st Circuit decision "is well-supported," since Maine's pro-rata law doesn't regulate rates but merely directs cable companies to refund a portion of the cancellation month regardless of whatever rate they set, it said. In its cert petition filed earlier this year, Charter said requiring pro-rata rebates to canceling subscribers "squarely conflict[s]" with the Cable Act’s prohibition on state and local rate regulation, and SCOTUS should resolve the split among federal and state courts about whether the Act preempts such laws. SCOTUS also should take advantage of the opportunity to tackle "a related (and even deeper) circuit split over whether a presumption against preemption applies to statutes -- like the Cable Act -- that expressly preempt state and local legislation," the cable company said.

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