Case 1:19-cv-00410-NT Document 108-1 Filed 04/23/21 Page 1 of 5 PageID #: 981
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MAINE
`
`COMCAST OF MAINE/NEW HAMPSHIRE,
`INC.; A&E TELEVISION NETWORKS,
`LLC; C-SPAN; CBS CORP.; DISCOVERY,
`INC.; DISNEY ENTERPRISES, INC.; FOX
`CABLE NETWORK SERVICES, LLC;
`NBCUNIVERSAL MEDIA, LLC; NEW
`ENGLAND SPORTS NETWORK, LP; and
`VIACOM INC.,
`
`Plaintiffs,
`
` v.
`
` Case No. 1:19-cv-00410-NT
`
`
`STIPULATED FINAL JUDGMENT AND
`ORDER FOR DECLARATORY AND
`PERMANENT INJUNCTIVE RELIEF
`
`
`
`JANET MILLS, in her official capacity as the
`Governor of Maine; AARON FREY, in his
`official capacity as the Attorney General of
`Maine; the CITY OF BATH, MAINE; the
`TOWN OF BERWICK, MAINE; the TOWN
`OF BOWDOIN, MAINE; the TOWN OF
`BOWDOINHAM, MAINE; the TOWN OF
`BRUNSWICK, MAINE; the TOWN OF
`DURHAM, MAINE; the TOWN OF ELIOT,
`MAINE; the TOWN OF FREEPORT,
`MAINE; the TOWN OF HARPSWELL,
`MAINE; the TOWN OF KITTERY, MAINE;
`the TOWN OF PHIPPSBURG, MAINE; the
`TOWN OF SOUTH BERWICK, MAINE; the
`TOWN OF TOPSHAM, MAINE; the TOWN
`OF WEST BATH, MAINE; and the TOWN
`OF WOOLWICH, MAINE;
`
`Defendants.
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MAINE
`
`COMCAST OF MAINE/NEW HAMPSHIRE,
`INC.; A&E TELEVISION NETWORKS,
`LLC; C-SPAN; CBS CORP.; DISCOVERY,
`INC.; DISNEY ENTERPRISES, INC.; FOX
`CABLE NETWORK SERVICES, LLC;
`NBCUNIVERSAL MEDIA, LLC; NEW
`ENGLAND SPORTS NETWORK, LP; and
`VIACOM INC.,
`
`Plaintiffs,
`
` v.
`
` Case No. 1:19-cv-00410-NT
`
`
`STIPULATED FINAL JUDGMENT AND
`ORDER FOR DECLARATORY AND
`PERMANENT INJUNCTIVE RELIEF
`
`
`
`JANET MILLS, in her official capacity as the
`Governor of Maine; AARON FREY, in his
`official capacity as the Attorney General of
`Maine; the CITY OF BATH, MAINE; the
`TOWN OF BERWICK, MAINE; the TOWN
`OF BOWDOIN, MAINE; the TOWN OF
`BOWDOINHAM, MAINE; the TOWN OF
`BRUNSWICK, MAINE; the TOWN OF
`DURHAM, MAINE; the TOWN OF ELIOT,
`MAINE; the TOWN OF FREEPORT,
`MAINE; the TOWN OF HARPSWELL,
`MAINE; the TOWN OF KITTERY, MAINE;
`the TOWN OF PHIPPSBURG, MAINE; the
`TOWN OF SOUTH BERWICK, MAINE; the
`TOWN OF TOPSHAM, MAINE; the TOWN
`OF WEST BATH, MAINE; and the TOWN
`OF WOOLWICH, MAINE;
`
`Defendants.
`
`
`
`
`
`Case 1:19-cv-00410-NT Document 108-1 Filed 04/23/21 Page 2 of 5 PageID #: 982
`
`Plaintiffs in this case are a cable operator and nine cable programmers. Plaintiffs filed a
`
`Complaint for declaratory and injunctive relief against Defendants, the Governor and Attorney
`
`General of Maine, along with numerous Maine municipalities, alleging that H.P. 606 – L.D. 832,
`
`129th Leg., Pub. Law, ch. 308 (Me. 2019) (codified at Me. Stat. tit. 30-A, § 3008(3)(F) (2019))
`
`(“Chapter 308”), titled “An Act to Expand Options for Consumers of Cable Television in
`
`Purchasing Individual Channels and Programs,” (1) is preempted by the Communications Act of
`
`1934 (the “Communications Act”), as amended, and (2) violates the First Amendment to the U.S.
`
`Constitution. Plaintiffs sought declaratory and injunctive relief. Plaintiffs and the remaining
`
`Defendants—the Governor and Attorney General of Maine—stipulate to the entry of this
`
`Stipulated Final Judgment and Order for Declaratory and Permanent Injunctive Relief (“Order”).
`
`FINDINGS
`
`This Court has jurisdiction over this matter.
`
`On June 3, 2019, the Maine Legislature passed Chapter 308, “An Act to Expand
`
`1.
`
`2.
`
`Options for Consumers of Cable Television in Purchasing Individual Channels and Programs.”
`
`Chapter 308 provides that “[n]otwithstanding any provision in a franchise, a cable system
`
`operator shall offer subscribers the option of purchasing access to cable channels, or programs on
`
`cable channels, individually.” Me. Stat. tit. 30-A, § 3008(3)(F). Chapter 308 was enacted on
`
`June 15, 2019, when the Governor permitted it to become law without signature.
`
`3.
`
`Plaintiffs filed the Complaint in this case on September 6, 2019. The Complaint
`
`contains two claims for relief—Count I alleges that Chapter 308 is preempted by the
`
`Communications Act and Count II alleges that Chapter 308 violates the First Amendment to the
`
`U.S. Constitution.
`
`1
`
`
`
`Case 1:19-cv-00410-NT Document 108-1 Filed 04/23/21 Page 3 of 5 PageID #: 983
`
`4.
`
`Defendants neither admit nor deny any of the allegations in the Complaint, except
`
`as specifically stated in this Order. Defendants admit the facts necessary to establish jurisdiction.
`
`5.
`
`On December 20, 2019, this Court granted Plaintiffs’ motion for a preliminary
`
`injunction. Comcast of Maine/New Hampshire, Inc. v. Mills, 435 F. Supp. 3d 228 (D. Me. 2019),
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`aff’d, 988 F.3d 607 (1st Cir. 2021). The Court held that “Plaintiffs are likely to succeed on their
`
`First Amendment claim.” Id. at 249. The Court did not grant Plaintiffs’ motion for a
`
`preliminary injunction as to the preemption claim, concluding that they had not demonstrated a
`
`likelihood of success under any provision of the Communications Act. Id. at 244.
`
`6.
`
`On February 24, 2021, the First Circuit affirmed this Court’s December 20, 2019
`
`ruling on Plaintiffs’ motion for a preliminary injunction. Comcast of Maine/New Hampshire,
`
`Inc. v. Mills, 988 F.3d 607 (1st Cir. 2021). The First Circuit held that “Chapter 308 triggers
`
`heightened First Amendment scrutiny” and explained that the “state has acknowledged that it
`
`cannot meet any heightened level of scrutiny on this record.” Id. at 617. The First Circuit “d[id]
`
`not reach any preemption issues,” instead stating that “the parties and the court are free to revisit
`
`the question of preemption on a more fully developed record, if they choose to do so.” Id. at
`
`612, 617.
`
`7.
`
`As the First Circuit contemplated, Plaintiffs intended to more fully develop the
`
`record and revisit the question of preemption before this Court.
`
`8.
`
`In light of the Parties’ agreement regarding the entry of this Order, Plaintiffs agree
`
`to the dismissal without prejudice of their claim that Chapter 308 is preempted by federal law
`
`(Count I).
`
`9.
`
`Plaintiffs and Defendants waive all rights to appeal or otherwise challenge or
`
`contest the validity of this Order.
`
`2
`
`
`
`Case 1:19-cv-00410-NT Document 108-1 Filed 04/23/21 Page 4 of 5 PageID #: 984
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`10.
`
`Plaintiffs and Defendants agree to bear their own costs and attorneys’ fees.
`
`DECLARATORY JUDGMENT
`
`IT IS HEREBY ORDERED that Chapter 308 violates the First Amendment to the U.S.
`
`Constitution and judgment is entered in Plaintiffs’ favor on Count II.
`
`PERMANENT INJUNCTION
`
`IT IS FURTHER ORDERED that Defendants are permanently enjoined from enforcing
`
`or giving effect to Chapter 308.
`
`DISMISSAL OF OTHER CLAIM
`
`IT IS FURTHER ORDERED that Count I—alleging that Chapter 308 is preempted by
`
`federal law—is dismissed without prejudice.
`
`IT IS SO ORDERED this ___ day of ________, 2021.
`
`
`
`_______________________________________
`United States District Court Judge
`
`
`
`IT IS SO STIPULATED this 23rd day of April, 2021.
`
`
`
`
`
`/s/ Joshua A. Tardy
`Joshua A. Tardy
`Joshua A. Randlett
`RUDMAN WINCHELL
`84 Harlow Street
`P.O. Box 1401
`Bangor, ME 1401
`jtardy@rudmanwinchell.com
`jrandlett@rudmanwinchell.com
`
`Attorneys for Plaintiffs
`
`Matthew A. Brill*
`Matthew T. Murchison*
`LATHAM & WATKINS LLP
`
`3
`
`
`
`Case 1:19-cv-00410-NT Document 108-1 Filed 04/23/21 Page 5 of 5 PageID #: 985
`
`555 Eleventh Street, NW, Suite 1000
`Washington, D.C. 20004-1304
`matthew.brill@lw.com
`matthew.murchison@lw.com
`
`Attorneys for Plaintiffs
`
`David P. Murray*
`Michael D. Hurwitz*
`WILLKIE FARR & GALLAGHER LLP
`1875 K Street, N.W.
`Washington, DC 20006-1238
`dmurray@willkie.com
`mhurwitz@willkie.com
`
`Attorneys for Plaintiffs Comcast of
`Maine/New Hampshire, Inc. and
`NBCUniversal Media, LLC
`
`*pro hac vice
`
`IT IS SO STIPULATED this 23rd day of April, 2021.
`
`
`
`
`
`
`
`
`Aaron M. Frey
`Attorney General
`
`/s/ Christopher C. Taub
`Christopher C. Taub
`Chief Deputy Attorney General
`Bar Number 65217
`Six State House Station
`Augusta, ME 04333-0006
`(207) 626-8800
`
`Attorneys for Defendants
`
`
`
`
`
`4
`
`
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