Horry Telephone v. City of Georgetown

Appellant, Horry Telephone Cooperative Inc. (HTC), is a telecommunications company providing services in the Georgetown and Horry County areas. In 2007, as required by the South Carolina Competitive Cable Services Act, HTC filed for a state-issued certificate of franchise authority, where it sought to provide cable television services in the City of Georgetown (City). The Secretary of State, pursuant to 58-12-310, forwarded the notice of application to the City which was required to respond to the request within 65 days. On second reading from a city council meeting, the request was denied. The City informed the Secretary of State of the denial, and notice was sent to HTC informing them that their franchise for the City of Georgetown had been denied. HTC filed for reconsideration, which was ultimately denied. Finally, HTC applied for a third time, and after consideration, the application was tabled and subsequently failed. HTC then filed a declaratory judgment action in circuit court to declare that the City's denial was unlawful under the Act. The circuit court held a bench trial and ruled that the Act did not create a private cause of action and the City's denial of HTC's consent request was a reasonable and valid exercise of legislative discretion. Consequently, the circuit court dismissed HTC's complaint with prejudice. This issue on appeal to the Supreme Court was whether the City's denial HTC's multiple franchise applications was a violation of the Act. Upon review, the Supreme Court concluded it was not, and affirmed the circuit court. View "Horry Telephone v. City of Georgetown" on Justia Law