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Radio Perry Inc. v. Cox Commc'n Inc.

In this dispute over whether a cable company was required to continue to carry a local commercial television station, it was possible for the plaintiff to introduce evidence within the framework of its complaint that would excuse it from the restoration requirement for rescinding the parties' contract for nonperformance under O.C.G.A. § 13-4-62.

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Radio Perry, Inc., the operator of a local commercial television station, WPGA, and cable operator Cox Communications, Inc. are engaged in a dispute about whether and on what terms Cox must carry WPGA’s signal on its cable system. This dispute has resulted in proceedings before this court, the Superior Court of Bibb County, the federal district court, and the Federal Communications Commission FCC. In the instant case, Radio Perry sought a declaratory judgment that a contract between it and Cox had “been cancelled for material and substantive breach on the part of Cox,” that Cox therefore had no basis under the contract to terminate carriage of WPGA, and that Cox must continue to carry WPGA on its system. The trial court granted Cox’s motion to dismiss Radio Perry’s complaint. It also denied Radio Perry’s motion for continuing injunctive relief, finding that it lacked jurisdiction to grant the relief requested.

We find it possible that Radio Perry could introduce evidence within the framework of its complaint entitling it to the declaratory judgment. Accordingly, we reverse the trial court’s dismissal of that complaint. We further find that the trial court erred in concluding that it lacked jurisdiction to grant Radio Perry the injunctive relief it sought. Accordingly, we vacate the trial court’s denial of the request for a continuing injunction and remand for it to consider whether such relief is appropriate.

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