The Radio Perry-owned station in Macon, Ga., goes to federal court, claiming the MSO intends to drop it from its cable systems in spite of an FCC ruling to the contrary.
Today, Radio Perry filed a complaint in the United States District Court for the Middle District of Georgia, Macon Division, to enforce a July 16, 2010, ruling by the FCC in which the FCC determined that Radio Perry had a right to insist that Cox Communications carry Radio Perry’s WPGA Macon, Ga. on its cable channel systems.
Radio Perry’s Complaint was in direct response to a June 15, 2011 letter from Cox Cable to Radio Perry in which Cox unequivocally stated that on July 28, 2011, it intended to delete WPGA from chs. 6 and 1006 of Cox’s Cable Middle Georgia system, i.e., that Cox intended to remove WPGA from its cable system.
Radio Perry said it is “WPGA TV’s position that Cox’s June 15, 2011, letter demonstrates Cox’s intent to completely ignore and disregard the FCC’s ruling. As a result, Radio Perry filed the complaint to enjoin or stop Cox from taking steps to remove WPGA from its Middle Georgia cable system on July 28, 2011.
“In addition, as a result of Cox’s intended or threatened actions, Radio Perry is also seeking attorney’s fees for what it contends constitutes bad faith conduct by Cox Cable in this case.” Attorneys representing WPGA TV said: “We are presently working to schedule a hearing in the very near future before one of the District Court Judges on Radio Perry’s request for injunctive relief.”