Appeals Court overturns ruling in Cox-WPGA dispute | Local & State | Macon.com

The Georgia Court of Appeals this week overturned a Bibb County Superior Court ruling from 2012 that had granted Cox Communications’ motion to dismiss a lawsuit filed by WPGA-TV/Peach Radio over a breach of contract between the two entities.

Grant Greenwood, the attorney for WPGA, said Wednesday the court of appeals ruled 5-2 that the lower court was incorrect in its earlier ruling.

The decision means the lawsuit filed by WPGA in an attempt to stay on Cox’s lineup on Channels 6 and 1006 will be returned to the Bibb County court, Greenwood said.

“WPGA canceled the contract with Cox because of a material breach when Cox threatened its removal from the lineup,” Greenwood said.

Cox spokeswoman Mary Bowman Hampton said Wednesday the company is contemplating its next move.

“We are currently reviewing the court’s opinion so we can make the best decision for our customers,” Hampton said.

The ruling is the latest twist in a series of legal battles between Cox and WPGA that began in late 2009 when WPGA decided it would no longer carry ABC’s programming in the Middle Georgia area. WPGA didn’t want to pay a $500,000 fee to the network, and officially stopped broadcasting ABC’s programming on Jan. 1, 2010, running syndicated programming in lieu of ABC programming.

Cox wanted to remove WPGA from its lineup and use Channels 6 and 1006 to continue broadcasting ABC in the midstate, since WGXA picked up the network’s programming.

via Appeals Court overturns ruling in Cox-WPGA dispute | Local & State | Macon.com.