In 2007, as required by the 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). (HTC), is a telecommunications company providing services in the Georgetown and Horry County areas. FACTS Appellant, Horry Telephone Cooperative Inc. to provide cable television was a violation of the South Carolina Competitive Cable Services Act (the Act), S.C. JUSTICE PLEICONES: This issue on appeal is whether the City of Georgetown's denial of multiple franchise applications by Horry Telephone Cooperative Inc. Lindemann, of Davidson & Lindemann, PA, of Columbia, for Respondent. Douglas Charles Baxter, of Richardson Plowden & Robinson, PA, of Myrtle Beach, Andrew F. 27394 Heard JanuFiled JAFFIRMED Dominic Allen Starr and Alan Grant Jones, both of McAngus, Goudelock, & Courie, LLC, of Myrtle Beach, for Appellant. Culbertson, Circuit Court Judge Opinion No. 2012-212185 Appeal from Georgetown County Benjamin H. City of Georgetown, and the South Carolina Secretary of State, Respondents. THE STATE OF SOUTH CAROLINA In The Supreme Court Horry Telephone Cooperative, Inc., Appellant, v. Upon review, the Supreme Court concluded it was not, and affirmed the circuit court. 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. Consequently, the circuit court dismissed HTC's complaint with prejudice. 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. ![]() HTC then filed a declaratory judgment action in circuit court to declare that the City's denial was unlawful under the Act. ![]() Finally, HTC applied for a third time, and after consideration, the application was tabled and subsequently failed. ![]() HTC filed for reconsideration, which was ultimately 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. On second reading from a city council meeting, the request was denied. 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. 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). Appellant, Horry Telephone Cooperative Inc.
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