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from: KCCI News

Judge Strikes Down State Law Permitting Cable Franchise Fees
City Plans Supreme Court Appeal

POSTED: 1:14 pm CDT September 20, 2007

DES MOINES, Iowa -- A Polk County judge has struck down a portion of a state law permitting city governments to assess fees of up to 5 percent on cable television connections.

Judge Michael Huppert said the Legislature violated state and federal constitutional rights of a woman who sued the city of Des Moines claiming its cable franchise fees are illegal. In his ruling, Huppert said a law passed earlier this year that permits city governments to assess the fee and makes the law retroactive violates a person's constitutional right of due process.

He said only two types of retroactive laws in Iowa can pass constitutional muster -- emergency legislation and laws passed to cure errors in earlier laws. He said the retroactive cable franchise law is neither.

Huppert said cable subscribers cannot seek damages for franchise fees paid after May 29 when the law became effective. They can, however, seek relief for fees paid before that date.

Des Moines plans to appeal to the Iowa Supreme Court.