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CONTRACT K-1213-176: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN AND COXCOM, LLC TO PROVIDE CABLE SERVICES FOR THE CITY OF NORMAN FOR A PERIOD OF FIVE YEARS.
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BACKGROUND: In 2007, Cox Communications, Inc. (“Cox”) contacted the City of Norman to discuss the City of Norman’s cable television franchise. Cox initiated this contact based upon the City of Norman’s five (5) year agreement with AT&T, and based upon the fact that Cox’s television franchise was set to expire on December 4, 2008. The new contract was approved without approval of majority of qualified electors based on federal law.
The United States Congress has the authority to preempt State law under the Supremacy Clause of the United States Constitution, Article VI, cl. 2. Laws of the federal government are “the supreme law of the land, ‘anything in the Constitution or laws of any state to the contrary notwithstanding.’” State ex rel. Miller v. Huser, 184 P. 113, 114 (Okla. 1919). A State law is invalid under the preemption doctrine to the extent that it conflicts with federal statute or when it “stands as an obstacle to the accomplishment and execution of the full purpose of Congress.” Wilson v. Harlow, 860 P. 2d 793, 799 (Okla. 1993).
In a 2002 opinion of the Oklahoma Attorney General’s Office the Attorney General held that, the Cable Communications Act expressly preempts State laws concerning cable television, to the extent they are inconsistent with federal law, 47 U. S. C. § 556(c). 02-21 Op. Okla. Att'y Gen. (May 13, 2002). Section 541(a)(1) of the Cable Communications Act prohibits a franchising authority from unreasonably refusing to grant a competitive franchise whereas Article XVIII, §5(a) of the Oklahoma Constitution requires a franchising authority to deny a franchise if the voters disapprove the franchise for any reason. Because there is a conflict between federal and state law, the opinion of the Oklahoma Attorney General is that the applicable Oklahoma Constitutional pr...
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