Boston Broadcaster Fights Comcast Attempt To Scuttle NBC Affiliation Suit
Comcast "cannot wish away" commitments made to NBC TV affiliates when it bought NBCUniversal, which is what it's trying to do in its motion to dismiss WHDH Boston's lawsuit (see 1604130058), the station said in an opposition (in Pacer) filed…
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Monday in U.S. District Court in Boston. WHDH said the problems in Comcast's legal argument include "an unduly narrow reading" of the binding commitments it made affiliates and "a constrained application" of antitrust principles. It said it "easily meets" the standards for filing a claim under Massachusetts General Laws Chapter 93A because that broad law doesn't specifically define the "unfair" and "deceptive" acts it prohibits, and it likewise has properly alleged Comcast has breached contractual obligations, which "is sufficient to survive a motion to dismiss," and antitrust claims. Comcast didn't comment Tuesday. The station is suing Comcast, alleging it violated an agreement with NBC affiliates made as part of Comcast's buy of NBCUniversal by planning to switch the NBC affiliation from WHDH to an owned-and-operated station (see 1603110031).