California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
William M. Marticorena and Lynda E. Marticorena
State Preemption of Cable Television Regulation — Whatever Happened to the Sanctity of Contract?,
10 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol10/iss4/1