America Channel Gets Day in Bankruptcy Court


A New York bankruptcy court has scheduled a hearing for June 19 on The America Channel's (TAC) attempt to file an antitrust suit against Time Warner and Comcast.

TAC on May 30 launched the antitrust suit, targeting among other things their agreement to buy jointly and divvy up the assets of the bankrupt Adelphia, whose reorganization that court is overseeing.

On June 6, the bankruptcy court, in response to a request from Adelphia says TAC, issued an injunction against the company and its attorneys from pursuing the case, saying if it was going to take action in any court, it needed to be in bankruptcy court.

That injunction was modified this week to a temporary restraining order while the bankruptcy court reconsiders the TRO, which gets us to the June 19 hearing.

TAC, which has a beef with big operators over their decisions not to carry the start-up cable channel, says the bankruptcy court order as an "impermissible restraint on the right of TAC to bring a federal antitrust action in the court of its choosing, and wrongfully interfered with the jurisdiction of the Minnesota District Court where the suit was filed.