TCR SPORTS BROADCASTING HOLDING, L.L.P. v. F.C.C.

No. 11-1151.

679 F.3d 269 (2012)

TCR SPORTS BROADCASTING HOLDING, L.L.P., d/b/a Mid-Atlantic Sports Network, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, Time Warner Cable Incorporated, Intervenor. Office of the Commissioner of Baseball; Media Access Project; Robert Litan; Robert Hahn, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2012.


Attorney(s) appearing for the Case

ARGUED: David C. Frederick , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, D.C., for Petitioner. Peter Karanjia , Federal Communications Commission, Washington, D.C., for Respondents. Jay Cohen , Paul, Weiss, Rifkind, Wharton & Garrison LLC, New York, New York, for Intervenor. ON BRIEF: Scott H. Angstreich , Jeffrey M. Harris , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, D.C., for Petitioner. Christine A. Varney , Assistant Attorney General, Catherine G. O'Sullivan , Nancy C. Garrison , United States Department of Justice, Washington, D.C.; Richard K. Welch , Acting Associate General Counsel, James M. Carr , Federal Communications Commission, Washington, D.C., for Respondents. Floyd Abrams , Landis C. Best , Cahill Gordon & Reindel LLP, New York, New York; Henk Brands , Andrew W. Croner , Paul, Weiss, Rifkind, Wharton & Garrison LLC, Washington, D.C., for Intervenor. Thomas J. Ostertag , Office of the Commissioner of Baseball, New York, New York; Lisa S. Blatt , Robert A. Garrett , R. Stanton Jones , Arnold & Porter LLP, Washington, D.C., for the Office of the Commissioner of Baseball, Amicus Supporting Petitioner. Chrystiane B. Pereira , Andrew Jay Schwartzman , Media Access Project, Washington, D.C., for Media Access Project, Amicus Supporting Petitioner. Arnold M. Weiner , Law Offices of Arnold M. Weiner, Baltimore, Maryland, for Robert Litan and Robert Hahn, Amici Supporting Petitioner.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD concurred.


OPINION

WYNN, Circuit Judge:

TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports Network appeals an order of the Federal Communications Commission ("FCC"). Based on a review of its Media Bureau decision and the records below, the FCC found that Time Warner Cable Inc. ("Time Warner") provided legitimate and non-discriminatory reasons for declining to carry Mid-Atlantic Sports Network programming on an analog tier in its North Carolina cable...

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