Bookspan

Cox Cable San Diego, Inc. (Cox) appeals an order denying a preliminary injunction to allow Cox to reconnect subscribers at the Woodlawn Garden Apartments (Woodlawn) pending a resolution of a dispute with Henry Bookspan, Woodlawn’s owner, and Ultronics, Inc. Book-span had disconnected Cox’s cable television system at Woodlawn in favor of a satellite system from Ultronics, Inc. Cox contends Bookspan may not deny Cox access to Woodlawn’s tenants without offending the First Amendment. We conclude Cox does not have a constitutionally compelled right of access to the tenants and that the trial court did not abuse its discretion in denying the preliminary injunction.

Facts

Woodlawn is a 150-unit apartment complex consisting of 16 buildings. In November 1966, Cox’s predecessor (Mission Cable Television) contracted with Woodlawn’s owner (Bookspan’s predecessor) to provide cable television services (CATV). The initial installation and service agreement provided Cox would install the necessary coaxial cables and outlets and the owner would pay for the actual costs of installation as well as a monthly service charge for the cable outlets. The contract was renewed and expanded in…