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Communication Law Keyed to Benjamin, 2nd Ed.
Comcast Cable Communications, LLC v. Federal Communications Commission
Citation:
717 F.3d 982 (2013)Facts
Comcast Cable Communications, the largest multichannel video programming distributor in the United States, offers programming on different distribution tiers at varying price points. Since 1995, Comcast has carried its affiliated networks Golf Channel and Versus (now NBC Sports Network) on its broadly distributed tiers. Tennis Channel, launched in 2003, entered into a carriage contract with Comcast in 2005 that gave Comcast the right to carry Tennis Channel on any tier of service. Comcast placed Tennis Channel on its Sports Tier, which required subscribers to pay an additional fee. In 2009, Tennis Channel approached Comcast with proposals to reposition it to a more broadly distributed tier, which would have substantially increased Comcast’s costs. After consulting with division employees and finding no significant subscriber interest, Comcast rejected the proposal. Tennis Channel then filed a complaint with the FCC, alleging discrimination based on affiliation. The FCC ruled in favor of Tennis Channel, ordering Comcast to carry Tennis Channel on the same tier as Golf Channel and Versus.
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