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Cable Company Files Motion

It seeks to have lawsuit dismissed.

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By LAURA KINSLER | The Tampa Tribune

Published: January 25, 2008

LIVE OAK PRESERVE - Century Communications has filed a motion to dismiss a breach-of-contract lawsuit brought by Live Oak Preserve's homeowners association.

Attorneys for the developer-owned cable company said the association never specified how Century breached the contract. They said Century held up its end of the deal by making "a substantial investment of installing the infrastructure required to perform the agreed upon services."

They also argue that the cable company's 15-year contract with Live Oak Preserve says the homeowners association cannot cancel the contract without first giving Century a chance to match any competing offers.

About half of all the homeowners association dues — $1.6 million — go directly to Century Communications each year. Residents have complained that its Internet service is too slow and the cable TV service is antiquated. Century's high-definition programming is limited, it doesn't offer digital videorecorders, and its service is not compatible with TiVo.

The homeowners association sued Dec. 13, asking for a declaratory judgment that its contract with Century Communications is unenforceable.

Further, the association charged Century with breach of contract for failing to "provide good television and Internet signal" to the homeowners, who are charged for the services even if they elect to go with another provider.

Attorneys for both sides could not be reached for comment.

Reporter Laura Kinsler can be reached at (813) 865-4844 or lkinsler@tampatrib.com.

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