Whether the Sixth Circuit properly held, in conflict with the Oregon Supreme Court, that a fee which is consistent with the Cable Act's only express provision limiting state or local fees and taxes on cable operators is nonetheless preempted, based on its conclusion that other provisions of the Act grant cable operators, "by implication," a federal right to provide non-cable services over local rights-of-way subject only to a cable revenue-based fee.

Whether the Sixth Circuit properly held, in conflict with the Oregon Supreme Court, that a fee which is consistent with the Cable Act's only express provision limiting state or local fees and taxes on cable operators is nonetheless preempted, based on its conclusion that other provisions of the Act grant cable operators, 'by implication,' a federal right to provide non-cable services over local rights-of-way subject only to a cable revenue-based fee