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The Tennis Channel wants to know if it can “confer” with...

The Tennis Channel wants to know if it can “confer” with the FCC Office of General Counsel (OGC) on issues raised in Time Warner Cable and NCTA’s appeal to the 2nd U.S. Circuit Court of Appeals of program carriage rules.…

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The plaintiffs’ First Amendment arguments in the case “are similar to those made by Comcast” in the Tennis Channel’s FCC program carriage complaint against that company, the independent network that alleged the cable operator favored its own programming over the indie said. “It is possible that this client (with or without other parties) will seek to file an amicus curiae brief in support of the Commission’s position in the Time Warner proceeding,” a lawyer for the channel said. “Discussion of the positions taken in the Time Warner proceeding would fall within this exemption” of agency rules barring ex parte lobbying to the OGC on judicial review of something decided by commissioners, the lawyer wrote Tuesday in a filing in docket 10-204 (http://xrl.us/bm5zct). “There is substantial similarity in the arguments raised by the cable parties in the Time Warner and Tennis Channel proceedings."