Cable Provider’s Antitrust Suit Tossed Over State Action Immunity

NfinityLink Communications Inc. failed to advance its antitrust fight against a Kentucky city, after a court found that the city was acting as an agent of the state in denying the cable company’s franchise application.

In a May 24 order, the U.S. District Court for the Eastern District of Kentucky tossed NfinityLink’s lawsuit, which claimed that the City of Monticello improperly denied the application and ended a consulting relationship.

The city, its city council, and a competitor, Community Telecom Services, were acting in accordance with state guidelines, the court said, dismissing all of NfinityLink’s claims.

“In denying Plaintiff’s franchise and ...