FEDERAL COMMUNICATIONS COMMISSION ET AL.
v.
FLORIDA POWER CORP. ET AL.; AND GROUP W CABLE, INC., ET AL. V. FLORIDA POWER CORP. ET AL.

U.S. | 1986-06-02
Nos. 85-1658; No. 85-1660
476 U.S. 1156 Supreme Court of the United States (1986) Caution
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  • Fed. Commc'ns Comm'n v. Fla. Power Corp., 480 U.S. 245 (U.S. 1987)
    …usurped what has long been held an exclusive judicial function.” Id., at 1546. The FCC and intervenor cable operators noticed separate appeals from this decision. We noted probable jurisdiction and consolidated the cases for argument and decision, 476 U. S. 1156 (1986). We now reverse. I — I HH The Court of Appeals found at the outset that the Pole Attachments Act authorizes a permanent physical occupation of property, which, under the rule we adopted in Loretto, is per se a taking for which compensation…

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