TENNIS CHANNEL, INC. v. FCC

No. 15-1067.

827 F.3d 137 (2016)

The TENNIS CHANNEL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Comcast Cable Communications, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2016.


Attorney(s) appearing for the Case

Stephen A. Weiswasser argued the cause for petitioner. With him on the briefs was Daniel E. Matro. , Washington, DC.

Scott M. Noveck , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Kristen C. Limarzi and Robert J. Wiggers , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, and Maureen K. Flood , Counsel, entered appearances.

Jonathan C. Bond argued the cause for intervenor Comcast Cable Communications, LLC. With him on the brief were Miguel A. Estrada , Washington, DC, and Lynn R. Charytan.

Before: ROGERS, BROWN and PILLARD, Circuit Judges.


This petition for review stems from a complaint filed by the Tennis Channel, Inc., alleging that Comcast Cable Communications, LLC, violated Section 616 of the Communications Act, 47 U.S.C. § 536, by giving preferential treatment to its affiliated networks in programming tier placement. Tennis Channel prevailed before...

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