Jones May Appeal BTHs Court Victory6/14/1998 8:00 PM Eastern
Denver -- Jones Intercable Inc. has informed a U.S.
District Court here that it may still appeal BCI Telecom Holding Inc.'s (BTH) recent
victory regarding Jones Internet Channel.
The company has filed a notice of appeal with Judge Richard
P. Matsch, who recently ruled in favor of BTH in its dispute with Jones Intercable over
plans to launch JIC, the high-speed Internet-access service owned by MSO chairman Glenn
Company officials, however, said the filing does not
indicate that a final decision has been made on whether to appeal Matsch's decision.
"We're protecting our right to appeal," a
Jones Intercable executive said. "It's something that we had to do within 30
days of Matsch's ruling."
Matsch will set a new hearing date, by which time Jones
Intercable must decide its next move.
Sources indicated that an appeal is likely.
"I don't think that Glenn is ready to give
up," one company insider said.
The company would be appealing a permanent injunction
issued by Matsch, which prohibits further rollouts of JIC unless they are approved by
BTH's independent directors on Jones Intercable's board.
BTH, formerly Jones Intercable's largest outside
shareholder, had claimed that launching the Internet-access service violated a
shareholder's agreement that it signed when it acquired its stake in the
Since the court ruling, BTH has announced that it will sell
its 37 percent interest in Jones Intercable to Comcast Corp., the nation's
However, sources said, the sale will not affect whether
Jones Intercable appeals BTH's victory, since Comcast currently only owns 15 percent
of the operator.
It cannot gain control of the company until December 2001,
when BTH presumably would exercise its option to acquire Glenn Jones' supervoting
shares, then turn around and sell them to Comcast for between $175 million and $200
"Glenn still has control of the company, so an appeal
is not a moot question," the Jones Intercable insider said. "We're going to
continue with the process."