The temporary restraining order (TRO) EchoStar sought against Via...
The temporary restraining order (TRO) EchoStar sought against Viacom earlier this month was granted late Fri. by Judge Claudia Wilken in U.S. Dist. Court, San Francisco. EchoStar took action after Viacom threatened to deny it carriage rights to its…
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CBS stations if the latter didn’t carry certain additional Viacom programming (CD Jan 9 p14). Judge Wilken said the “balance of hardships tips sharply in [EchoStar’s] favor.” A hearing scheduled for Fri. will require Viacom to “show cause why this order should not be converted to a preliminary injunction extending until the conclusion of this litigation,” she said. In its brief, Viacom had said EchoStar had known for nearly 3 years that carriage rights would end in Dec., opting to “[drag] its feet” instead of signing an agreement. It said EchoStar should have asked the FCC for relief, and asked the court to require EchoStar to post a bond to cover damages Viacom would incur while EchoStar broadcast CBS local stations lacking an agreement. The judge did mandate a $10,000 bond for EchoStar due by 5 p.m. PST Tues. EchoStar will continue carriage of Viacom programming under the terms and conditions of its previous agreement at least until the hearing Fri. EchoStar said it was pleased the court had recognized the public interest aspect of the TRO. Viacom called the lawsuit a “delaying tactic… the proper place for this dispute is at the conference table, not the courtroom.”