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DirecTV Slapped With Temporary Restraining Order in HDNet Suit

Court Blocks Satellite TV Provider From Kicking HDNet to New Programming Tier

By Steve Donohue -- Multichannel News, 11/14/2007 8:36:00 AM

HDNet won a temporary restraining order that will prevent DirecTV from kicking the network out of its most widely distributed programming package.

DirecTV planned to move HDNet and HDNet Movies to a new HDTV programming package Dec. 15, but the network, founded by Dallas Mavericks owner Mark Cuban, sued DirecTV in a bid to block the move on Nov. 2.

The temporary restraining order prevents DirecTV from charging subscribers additional fees beyond its $9.99 monthly “HD Access” fee in order to receive HDNet and HDNet movies.

“HDNet will probably suffer imminent and irreparable harm because of a loss of customers, irreparable damage to its goodwill, programming and business unless this temporary restraining order is entered,” Dallas U.S. District Court Judge Teresa Guerra Snelson wrote in the order, which was issued Nov. 12.  

DirecTV said it will continue to run advertising for its new HD Extra Pack, despite the ruling. "There is no need for a temporary restraining order because the HD Extra Pack is in free preview to all our HD subscribers until Dec. 15," spokesman Bob Mercer said in a statement. 

The term of the temporary restraining order runs through Dec. 10, at 9:46 a.m. Ironically, DirecTV has said publicly that it didn’t plan to kick HDNet and HD Movies to its new DirecTV HD Extra Pack until Dec. 15.

The court scheduled a hearing on Dec. 7 to hear arguments on HDNet’s request for a temporary injunction against DirecTV.

HDNet was also ordered to file a $100,00 bond with the Dallas County District Court before the restraining order was issued, in order to protect DirecTV’s interests.

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