Tennis Channel would have preferred not to have a federal...
Tennis Channel would have preferred not to have a federal appeals court stay the FCC order granting it broader distribution on Comcast cable systems (CD Sept 4 p2), but it is not the first time a deciding body has stopped…
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the process to take a closer look, Steve Weiswasser, Tennis Channel’s counsel at Covington & Burling, told us. The FCC also stayed the order when it reviewed it, he said. Moreover the U.S. Court of Appeals for the D.C. Circuit is bound by its own and Supreme Court precedent with respect to Comcast’s First Amendment arguments, he said. “In order to get where they want to go, they have to overcome clear precedent in the court where we are, and Supreme Court precedent,” and find the judgment of Congress and the FCC to not only be wrong but unconstitutional, he said. “We're reasonably confident, as much as one can be while being respectful of the court’s power and wisdom, that the argument we've made and that have prevailed on the merits twice, will prevail again,” he said.