D.C. Circuit Should Affirm Decision Against Tennis Channel, FCC Says
The U.S. Court of Appeals for the D.C. Circuit should affirm the FCC’s decision not to reopen Tennis Channel’s carriage complaint against Comcast, already decided by the court in the cable giant’s favor, the FCC said in a motion for…
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summary affirmance filed Wednesday in response to the Tennis Channel’s March petition for review of the FCC decision. “The Commission correctly determined that ‘Tennis Channel had a full and fair opportunity to litigate its complaint’ -- both before the agency and on judicial review,” the FCC filing said. Tennis Channel had argued that the Comcast decision against it had created a new test for when a company is being discriminated against and asked the FCC to reopen the proceeding so it could submit new evidence to fulfill that test. The FCC disagreed that the court had intended for the case to be reopened. “Context” doesn’t suggest “that the Court intended the Commission to conduct remand proceedings to revisit the question whether evidence of unlawful discrimination exists -- on either the existing record or a new one,” the FCC said. Since the court and the FCC have already ruled on the matter, the D.C. Circuit should affirm the commission’s ruling to bring the proceeding to a close, the FCC said.