Having asked the FCC to weigh in on its request for a stay of
the Tennis Channel carriage complaint by Aug. 7, Comcast on Wednesday (Aug. 8)
took its request to a federal court after the FCC had not ruled.
"The FCC's Order is unprecedented, unjustified, and unconstitutional, and
Comcast requests that it be stayed pending this Court's review," Comcast
told the court.
Comcast filed the petition for emergency stay late Wednesday. An FCC
spokesperson was checking at presstime on the status of its response, but
Comcast was not waiting around. "As of this filing, the FCC has not ruled
on Comcast's stay petition," the company said.
As it did in pitching a stay to the FCC, Comcast told the court it was likely
to win on the merits, would be "irreparably harmed" absent a stay,
said it would be in the public interest, and argues that the stay will not
injure the Tennis Channel.
The FCC on July 24 upheld an FCC administrative law judge's decision that
Comcast had discriminated against Tennis by placing it on a sports tier while
giving its similarly situated co-owned sports nets wider coverage. The FCC has
told Comcast to equalize its treatment by the beginning of next month, and to
pay a fine.
last week filed its formal appeal of the decision to the same court, the
Court of Appeals for the District of Columbia, which has principal jurisdiction
over FCC decisions.