Daniel Kaplan's post on Tennis | Latest updates on Sulia
My guess is Tennis Channel will have some valid arguments when it appeals to full DC circuit
The three judge appeals court panel decision said that Comcast is allowed to make a business decision that it is not profitable to more widely distribute Tennis Channel (TC), and this is not as the FCC alleges proof of discrimination at the expense of Comcast owned Golf Channel and Versus. But while the court said TC offered no evidence Comcast would profit from the wider distribution, bewilderingly the court had no problem with the appellant, Comcast, not submitting evidence it would lose money. And it had no problem with Comcast not submitting evidence that absent its ownership of Golf Channel and Versus, those two would turn a profit for Comcast with wider distribution than Tennis Channel could. I am not a lawyer, but this seems absurd. The charge is Comcast discriminated against TC in favor of its own channels. The three judge panel of the DC Circuit now says but it may not have been discrimination, it may have been a simple business decision. That's it? Hey, the chief programmer at Comcast may have been playing a game of darts and only those he hits got wider distribution. It has to be a two way street. If the panel now says Comcast is only making a business decision, it is not incumbent on Comcast to prove that, and prove the math works differently for Golf and Versus. so the way this works now is Tennis Channel takes this to the full DC circuit, called en banc, and loser likely appeals to Supreme Court.