Daniels Cablevision, Inc. v. San Elijo Ranch, Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

On June 15, 2001, plaintiff Daniels Ca-blevision, Inc. (“plaintiff’) filed a complaint against defendant San Elijo Ranch, Inc. (“defendant”) alleging that defendant violated the Cable Communications Policy Act, 47 U.S.C. § 521 . In addition to its complaint, plaintiff also filed the present motion for preliminary injunction. For the reasons stated herein, the Court denies the motion for preliminary injunction.

BACKGROUND

Plaintiff is one of two authorized cable franchisees in the city of San Marcos. The other franchisee is Times Mirror Cable Television, now called Cox Communications (“Cox Cable”).

Defendant is developing a community of approximately 3,400 homes in the city of San Marcos, known as San Elijo Hills. In the course of developing the San Elijo Hills community, defendant has excavated numerous trenches (“utility trenches”) for the placement of public utilities, including cable television wires and facilities.

In April 2000, plaintiff began installing its cable in the utility trenches on the San Elijo Hills development. However, in July 2000, the President of San Elijo Ranch, Paul Borden, informed plaintiff…