Sunbelt Television, Inc. v. Jones Intercable, Inc.

REVISED ORDER: RE DEFENDANT’S MOTION TO DISMISS

I. INTRODUCTION

Defendant Jones Intercable (“Jones”) moves pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint filed by plaintiff Sunbelt Television Inc. (“Sunbelt”). Sunbelt operates a local full-power television broadcast station in the high desert area of Southern California which reaches approximately sixty-three communities. Jones manages a cable television system pursuant to non-exclusive franchises granted by local government bodies. This lawsuit arises from Jones’ refusal to carry Sunbelt’s television channel on its local cable network.

In its complaint, Sunbelt asserts three separate theories for a violation of Section 2 of the Sherman Act, 15 U.S.C. § 2 : monopoly leveraging, denial of an essential facility, and attempted monopolization. Sunbelt also raises a state law claim for unfair competition. In moving to dismiss this action, Jones asserts that all of these theories, individually and collectively, fail to state a claim upon which relief can be granted. Jones also asserts that the First Amendment is a complete bar to this case since the entire premise of Sunbelt’s complaint revolves around Jones’ protected…