5th Circuit Tentatively Sets Oral Argument in Charter v. Prewitt for Week of March 4

The 5th U.S. Circuit Court of Appeals tentatively calendared oral argument for the week of March 4 in Prewitt Management’s appeal against Charter Communications, said its notice Wednesday (docket 23-50419). Prewitt seeks the reversal of the district court’s declaratory judgment absolving Charter of any further monetary obligations under a 1964 revenue-sharing cable-permit agreement (see 2309060033). Under the 1964 agreement, Charter’s predecessor company acquired permits from Prewitt’s predecessor to provide cable service to the central Texas cities of Waco, Temple and McGregor. In return, Charter made quarterly royalty payments to Prewitt based on its gross revenue derived from cable services in those cities. The 2005 Texas Cable Act changed the regulatory landscape such that the state, not the cities, began issuing cable-service permits. Charter contends that Prewitt wrongly argues that Charter’s payment obligation is “perpetual” under the statute’s “savings clause” to account for existing contractual arrangements (see 2310200025).