DirecTV Inc. and EchoStar Communications Corp. jointly filed lawsuits in Florida and Kentucky challenging the constitutionality of taxes levied against their direct-to-home satellite TV services, the companies announced.

In separate filings in the Florida Circuit Court for Leon County and the U.S District Court for the Eastern District of Kentucky, the two companies claim that provisions of tax laws enacted by the two states would impose discriminatory taxes against satellite TV services in favor of competing services sold by cable television companies.

Under Florida’s communications services tax law, satellite customers will pay a tax of 10.8 percent on retail sales, while cable customers pay 6.8 percent, the companies said.

“Satellite TV provides an affordable alternative to rising cable rates in states where the two services compete on a level playing field,” David Rayner, chief financial officer for EchoStar, said in a statement. “Florida residents have less robust competition in the pay-TV marketplace as a result of the cable-sponsored special tax placed on satellite service. We will continue to oppose unconstitutional and anti-consumer laws that put satellite at a competitive disadvantage to cable.”

Kentucky’s new law imposes the same rate of excise and gross revenue taxes on satellite companies as it does on cable, but DirecTV and EchoStar claim the satellites companies will be taxed at a higher rate because cable companies use franchise fees to offset their overall tax obligation.

“This lawsuit is about protecting our customers – many of whom dropped cable for satellite television – throughout the state of Kentucky,” Mike Palkovic, chief financial officer of DirecTV said. “Why should they be penalized for choosing the only viable choice to cable? Imposing a statewide tax on satellite TV companies discriminates against interstate commerce in violation of the Commerce Clause of the U.S. Constitution.”

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