Fischer

Fischer v. Time Warner Cable Inc.

Good Law
184 Cal. Rptr. 3d 490·2015 Cal. App. LEXIS 163·234 Cal. App. 4th 784·61 Communications Reg. (P&F) 1685
Court of Appeal of CaliforniaFebruary 23, 2015B254863California5,259 words

Opinion

Opinion

Rubin, J.

Four subscribers to Time Warner Cable Inc. appeal from the order sustaining without leave to amend the demurrers of Time Warner, the Los Angeles Lakers and the Los Angeles Dodgers to the subscribers’ class action unfair competition complaint based on rate hikes for carrying channels that broadcast Dodgers and Lakers games. We affirm because federal regulations implementing federal communications statutes have expressly preempted this action.

FACTS AND PROCEDURAL HISTORY

Time Warner Cable is a significant, if not the primary, provider of cable television throughout several Southern California counties. Typically, Time Warner buys content from programmers (think Fox, Disney, Viacom, and HBO), who require Time Warner to offer each programmer’s channels in a single bundle as part of Time Warner’s enhanced basic cable programming tier.

In 2011, Time Warner paid the Lakers $3 billion for the licensing rights to televise Lakers games for 20 years over two channels: TWC SportsNet and TWC Deportes. Time Warner’s subscription rates rose by $5 a month as a result of bundling those channels into the enhanced basic cable tier. In 2013, Time Warner paid the Dodgers $8 billion for…

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