An administrative law judge decision in favor of Tennis Channel and against Comcast regarding the tiering of the former is being challenged in court by Comcast. But the FCC is not allowing a stay of the ruling pending a court decision.
Comcast made the same case as did the NAB when it asked for a stay of the brand new television online political advertising rule, arguing that it was likely to succeed on the merits before the court.
And as it did in its response to NAB, the FCC essentially said that Comcast was not likely to succeed in court and therefore declined to stay the order, which included a fine of $375K and an order to relocate Tennis Channel on its channel lineup with other competitive program channels.
And yet again, following the path blazed by NAB, Comcast has asked the Court for a stay. It had best wish that its following of the NAB trail comes to an end at this point, because the trade organization’s attempt at the DC Circuit failed.
The FCC decision to ratify the ALJ decision was rendered on a 3-2 party line vote with the Democratic point of view holding sway. Republican Commissioner Ajit Pai issued a statement upon the denial of the stay saying that had he been given a chance to vote on the matter, he would have supported Comcast’s request.