Univision has filed suit against Charter over fees for carriage of the network, including on Time Warner Cable systems now part of Charter.
"Charter insists that the contract Univision had with Time Warner Cable is controlling, rather than its own contract with Univision," said Univision in a statement. "Charter bases this argument on the preposterous theory that as a result of the merger, Time Warner Cable, rather than Charter, is managing all these cable systems. But everyone knows that is not true: the longstanding CEO and the executive team of Charter, as well as its pre-existing board of directors, now manage and control all of the cable systems," said Univision.
According to a copy of the suit, Univision says Charter is trying to get the lower TWC fee for all its systems through 2022.
"Disregarding its clear contractual commitments, New Charter now implausibly asserts that through June 2022, the prior TWC agreement [with Univision] not only governs the Legacy TWC Systems, but also grants it the right to distribute Univision’s programming on the Legacy Charter Systems over the same period. New Charter rests these unbelievable claims on a clause in the prior 2009 distribution agreement between Univision and TWC (the “TWC Agreement”) that defines “Systems” governed by that agreement. New Charter points to the definition of “System” as defined, in relevant part, as one “that is managed with respect to programming matters by a Time Warner Company . . .” (emphasis added). By its own plain terms, however, the TWC Agreement cannot apply because, following the Acquisition, TWC clearly does not manage any of the cable systems at issue, as Defendants themselves have repeatedly stated and as they have demonstrated incontrovertibly through their actions."
"We have a long-term contract with Univision and we expect them to honor it," said a Charter spokesperson.
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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.