Court Rules In Favor Of Comcast Vs. Tennis Channel

Written by: Staff on 29th May 2013

Court Rules In Favor Of Comcast Vs. Tennis Channel |

In a major blow to Tennis Channel, a federal appeals court ruled that Comcast did not discriminate against it by placing it on a tier than its own sports networks.

The unanimous ruling reversed a 2012 decision from the Federal Communications Commission that cable giant Comcast had unfairly placed Tennis Channel in a more expensive tier than Golf Channel and NBC Sports Network, which it owns.

U.S. Court of Appeals for the District of Columbia Circuit Judge Stephen Williams said the FCC – which had signed with Tennis Channel – didn’t present proper evidence to establish how Comcast would financially benefit by not giving Tennis Channel broader distribution.

“Without showing any benefit for Comcast from incurring the additional fees for assigning Tennis a more advantageous tier, the Commission has not provided evidence that Comcast discriminated against Tennis on the basis of affiliation,” he wrote.

Comcast had said that it has a constitutional right to favor its own free speech over that of others, so long as it does not do so for anticompetitive reasons.

Tennis Channel believed that placing it on a higher and less seen tier than that of a similar individual sport like golf that attracts some of the same audience could be seen as anticompetitive.

The FCC voted back in August 3-2 along party lines to require Comcast to put Tennis Channel on par with its own sports networks.

Then Comcast announced that it would move Tennis Channel from a more pricey sports tier to a basic digital tier on September 7, which is during the second week of the 2012 US Open.

But in a move that stunned Tennis Channel, the U.S. Court of Appeals in Washington D.C. put on hold the FCC’s decision, and ruled it would stay the enforcement until it had heard Comcast’s challenge to the FCC’s decision.

The DC Circuit Court of Appeals heard oral arguments in February, where it appeared to side with Comcast, so Tuesday’s vote was not unexpected.

Tennis Channel had said that once Comcast moved it that it would be available in about 18 million more homes, which would have brought the struggling network millions of more dollars in subscriber revenues.

Comcast convinced the court that its placement of the Tennis Channel was based on the financial analysis, not discrimination against a rival.

Tennis Channel is expected to appeal, but it appears to be fighting an uphill battle.

“While Tennis Channel appreciates the time and consideration that the Circuit Court has given to this important FCC Order, we’re disappointed with today’s decision and respectfully disagree,” it said in a statement. “As a small, independent company defending ourselves against one of the world’s largest media conglomerates, we would love for this long process to be justly resolved and behind us.

“However, Comcast’s clear pattern of discrimination against Tennis Channel in favor of the competing networks that it owns – as detailed at length by the FCC – warrants further review of the panel’s decision and we intend to seek that review.”

©Daily Tennis News Wire

Topics: Comcast tennis news, Sports, Tennis, Tennis Channel