National Rural Telecommunications Cooperative v. DIRECTV, Inc.

Good Law

319 F. Supp. 2d 1059·2003 WL 23521329·2003 U.S. Dist. LEXIS 25372

United States District Court, Central District of CaliforniaJune 5, 2003CV 99-5666 LGB(CWX), CV 00-00368 LGB, CIV.00-2117 LGB, CIV 00-8672 LGB, CIV 01-6220 LGBCalifornia3,829 words

Opinion

Baird, J.

ORDER GRANTING IN PART AND DENYING IN PART DIRECTV’S SUMMARY JUDGMENT MOTION NO.

I. INTRODUCTION

This matter involves five cases dealing with DIRECTV, Inc. (“DIRECTV”) that have been consolidated before this Court. Presently before the Court are four summary judgment motions filed by DIRECTV. By this Order, the Court addresses DIRECTV’s second summary judgment motion (“Motion No. 2”) dealing with the claims alleged by Pegasus Satellite Television, Inc. and Golden Sky Systems, Inc. in case no. CV 00-368 and by the North Central Telephone Cooperative (“NCTC”) and the Iowa Lakes Cooperative (“ILC”) in case no. 00-2117.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. The NRTC — DIRECTV business relationship

In April of 1992, the National Rural Telecommunications Cooperative (“NRTC”) entered into an agreement, the DBS Distribution Agreement (the “DBS Agreement” or “Agreement”), with DIRECTV’s predecessor-in-interest, Hughes Communications Galaxy, Inc. (“HCG”). Declaration of Alexander Pilmer in Support of DIRECTV’s Summary Judgment Motions (“Pilmer Deck”), Exh. 10, Agreement. Under the Agreement, HCG agreed to provide NRTC with the rights to the Premium Services.…

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