MundoFox Switches Stations in Miami

Lawsuit Claims Intitial Affiliate Failed to Cover Market
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Spanish-language broadcast MundoFox has switched affiliates in Miami from low-power WJAN-CD to WGEN, a full-power station that covers the entire Miami DMA.

WGEN, channel 8, offers full-market HD coverage and is carried by most Miami-area multichannel providers, including Comcast, DirecTV, Dish Network and AT&T U-verse TV. Comcast carries its signal primarily on channel 8, on channel 2 in some areas and in HD on channel 445.

“The addition of WGEN-TV to the MundoFox affiliate family represents a major step forward for us in Miami, bringing full coverage, a consistent channel position and a strong, built-in Spanish-language audience in this very important DMA,” MundoFox president Emiliano Saccone said in a statement.

The switch comes amidst a breach-of-contract suit between MundoFox and America CV Network, owner of Miami stations WJAN and WFUN-LD. MundoFox sued America CV in December, claiming the station owner failed to secure the coverage called for in their initial affiliation agreement.

In a lawsuit filed Dec. 28 in the U.S. District Court for the Southern District of Florida and first reported by the blog MediaMoves, MundoFox accused America CV of placing its programming on WFUN instead of WJAN. As a result, MundoFox programming aired “on significantly inferior Comcast position 82 instead of the superior channel position 12.”

Additionally, MundoFox programming on WFUN was not carried by DirecTV or Dish and was “not being properly listed in program guides,” causing the network to have less exposure at launch and harming advertising sales.

The lawsuit was filed on behalf of MundoFox by Greenberg Traurig.

America CV Network, through attorney David M. Rogero, denied MundoFox’s allegations. In an email statement, the broadcaster accused MundoFox of breaching its agreements and said it intends to file and prosecute a counterclaim for “recovery of significant damages.” Responses in the suit are due Jan. 22.

America CV-owned stations WJPX in San Juan, P.R., and WPXO-LP in East Orange, N.J., serving New York, continue to be MundoFox affiliates in those markets.

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