Charter Continues Push for SCOTUS to Take Up Maine Cable Prorating Law

Maine, in defending the 1st U.S. Circuit Court of Appeals' holding in favor of the state's prorated cable subscriber refunds law, offers no plausible defense of that ruling, petitioner Charter Communications told the Supreme Court Wednesday (docket 21-1539) in reply to the state's opposition to Charter's cert petition (see 2212050004). It said Maine's argument the rebate requirement isn't rate regulation because Charter can set the pre-rebate price however it wants implies that a law letting cable companies set rates but to rebate anything they charge in excess of $25 would be allowed. The pro rata rebate "authorizes precisely the sort of rate regulation that the Cable Act expressly prohibits," Charter said. It said the 1st Circuit's "flawed and atextual decision" goes contrary to other courts' considerations about whether the Cable Act preempts proration laws. SCOTUS needs "to resolve the confusion on this question and to ensure the Cable Act -- and other express preemption provisions -- are interpreted according to their plain terms," the company said. Maine didn't comment Thursday.