LPTV station owner Tara Broadcasting has taken Charter to court in California to try to get millions of dollars in damages over the fact that the cable operator won't its Palm Springs TV station and digital subchannels. Charter counters the suit is without merit.
In the suit, filed in a California Superior Court, Tara is not asking for carriage, only money, in the form of damages--some trebled--alleging violations of state antitrust laws and laws against discrimination, unfair business practices and deceptive advertising.
The primary station, KAKZ Palm Springs, is an Azteca America Affiliate, and the subchannels Coachella Valley Classic TV and Westerns 4 U channels are targeted, in part, to older adults, Tara says, so not carrying them is discrimination against Latinos and seniors, which it says violates antitrust laws because they are being excluded from a business transaction (carriage) because it provides service to protected classes--seniors and Latinos.
Tara Broadcasting says Charter has not offered a non-discriminatory reason for not carrying the channels. It also says the FCC has no jurisdiction because Congress did not give the FCC the ability to regulate the carriage of LPTVS in the top 160 markets. For example, Tara's LPTV station can't assert must carry.
Related: Guide To U.S. Hispanic Channels
Tara is seeking more than $5 million in damages, including trebled damages over the antitrust allegation.
"Tara has no right to carriage and its lawsuit is entirely baseless," Charter said in a statement. "Charter is committed to providing its customers the diverse and independent programming that is relevant to them and is dedicated to enhancing diversity across our company including in the programming we carry. We are proud to provide one of the most robust Spanish language offerings in the industry with our Spectrum Mi Latino Tier, which offers 130 plus channels, including more than 75 channels that cover news, live sports, and entertainment.”
One LPTV advocacy group saw the suit differently.
"There comes a time when a stand must be taken to defend your rights to conduct business in a fair and nondiscriminatory manner.
And that time has come to Tara Broadcasting," said LPTV Spectrum Rights Coalition Director Mike Gravino, who spread the news about the suit in his e-mail member newsletter. Gravino says it would be a mistake to dismiss the suit as a fool's errand. "[T]his is California, where what happens there happens across the rest of the country a few months, or a few years later."
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Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.