Netflix, other streaming companies want East St. Louis lawsuit dismissed

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Berlin, Germany – March 19: In this photo illustration the app of streaming service netflix is displayed on a smartphone on March 19, 2018 in Berlin, Germany. (Photo Illustration by Thomas Trutschel/Photothek via Getty Images)

ST. LOUIS- Netflix, HBO, Apple and Hulu are among the defendants who are trying to get a federal lawsuit in the Southern District of Illinois which claims streaming companies owe Illinois municipalities in exchange for using public rights-of-way to transmit their programming.

The suit, filed in June on behalf of the city of East St. Louis, also names Amazon, CBS, YouTube, Peacock, DirectTV, Dish, Disney Streaming Services and CuriosityStream.

DISH argues that the Illinois Cable and Video Competition Law of 2007 “does not cover non-facilities-based providers, who do not “use the public rights-of-way for the installation or construction of facilities for the
provision of cable service or video service” or “construct and operate [a video service] system.”

“Nowhere in the Complaint does Plaintiff allege that DISH installs, owns, leases or operates any ducts, poles,
cables, equipment or anything else above, on or under any public right of way within Plaintiff’s
boundaries. Without this allegation, the Complaint fails to state a claim,” the DISH motion continued.

Multiple defendants filed similar motions in court November 5. No court date has been set to hear the motions.

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