WEVV Evansville Sues Dish Over Retrans

The owner of the Evansville, Ind., CBS affiliate, DuJuan McCoy, files a lawsuit alleging the satellite operator, by prorating retrans payments, is depriving him of "significant revenues."

DuJuan McCoy’s Bayou City Broadcasting, owner of CBS affiliate WEVV Evansville, Ind. (DMA 103), is suing Dish Network, alleging that the satellite operator is “shorting” agreed-upon retransmission consent fees by prorating the payments.

In its complaint, filed in the U.S. District Court of Colorado, Bayou demands “actual and exemplary damages, interest, reasonable attorney’s  fees and costs.”

“Dish unilaterally prorated the monthly retransmission fee owed to Bayou City under the [retrans agreement], denying Bayou City significant revenues,” it claims.

“The terms of the [agreement] do not allow this and Dish knows it. This practice is deliberate and systemic within Dish despite a ruling by this court, affirmed by [a federal appeals court], prohibiting it.”

Bayou City also says in the complaint that it entered into the retrans agreement with Dish on Feb. 2, 2015, despite a “contentious” negotiation during which Dish waged a public relations campaign “ironically accusing Bayou City of ‘stealing’ from Dish’s subscribers.”

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