The Tennis Channel says that while it’s “disappointed” by today’s decision, it still has “a number of available options” to revive its case alleging that Comcast treated it unfairly by putting it on an extra-fee sports tier. The Supreme Court offered no comment when it said that it will not review a decision by the U.S. Court of Appeals in DC that overturned an FCC ruling in 2012. The FCC ordered Comcast to take Tennis Channel off of the sports tier so it could compete more equally with the cable giant’s Golf Channel and NBC Sports Network. The FCC said that Comcast had used its market power to discriminate against Tennis Channel. But the Appeals Court said last May that the FCC offered no evidence to refute Comcast’s position that it made a simple financial judgment that few subscribers wanted to watch tennis. In September it denied Tennis Channel’s dual request for an en banc rehearing or a panel rehearing. “We are pleased that finding by the lower court that Comcast did not discriminate against Tennis Channel will stand,” Comcast says. “We continue to make Tennis Channel available to tennis fans across the country in terms with our longstanding contract.”
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