Tennis Seeks Expedited Hearing of Court Challenge

Tennis Channel has asked the D.C. federal appeals court for
an expedited briefing and oral argument schedule in Comcast's court challenge
of the FCC's program carriage decision that the cable operator discriminated
against Tennis Channel. According to a copy of the filing, Comcast has no
problem with the schedule.

"All parties to this proceeding have authorized Tennis
Channel to state that they consent to expedited consideration of the appeal,
and to the following schedule for expedited briefing and oral argument,"
Tennis Channel told the court.

Comcast sought court review of the decision Aug. 1. It also
asked the court to stay FCC enforcement pending that consideration, which the
court last week agreed to do. Even at an expedited pace, even if Comcast
eventually loses the challenge, it won't have to move Tennis Channel until
sometime in 2013.

"In light of the substantial harm that Tennis Channel
faces each day that it is denied the relief to which the Commission concluded
it was entitled," said the Tennis Channel court filing after citing the
granting of that stay, "Tennis Channel respectfully requests that the
Court grant its unopposed motion for expedited consideration and briefing.

The proposed schedule.

Oct. 4: Petitioner's Brief
Nov. 5: Respondents' Brief and Intervenor Tennis Channel's Brief
Nov. 19: Reply Brief
Nov. 26: Deferred Appendix
Dec. 3: Final Briefs

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.