The U.S. Court of Appeals for the D.C. Circuit asked...
The U.S. Court of Appeals for the D.C. Circuit asked Comcast to file a response to the Tennis Channel’s en banc appeal of the D.C. Circuit’s decision in its program carriage case with Comcast, which was decided in the operator’s…
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favor May 28. “En Banc appeals are rarely granted,” Fletcher Heald appellate lawyer Harry Cole, who is not affiliated with the case, told us. He said the request for a response indicates a majority of judges are interested in possibly rehearing the case. The request for a response doesn’t mean a rehearing will happen, but it’s a sign it could, he said. “We appreciate the circuit court’s ongoing consideration of our appeal in this important case,” said a Tennis Channel spokesman. Comcast’s response to the court is due Aug. 5. “Three judges on the court roundly rejected the FCC’s case on multiple independent grounds, and the Commission chose not to challenge the court’s ruling,” said a Comcast spokesperson by email. “We believe the ruling of the three-judge panel will be upheld if the court chooses to hear the case again."