Tennis Seeks Expedited Hearing of Court Challenge

Tells D. C. Circuit it suffers harm every day FCC decision is delayed

By John Eggerton -- Broadcasting & Cable, 8/30/2012 3:55:12 PM

Tennis Channel has asked the D.C. federal appeals court for an expedited briefing and oral argument schedule in Comcast's court challenge of the FCC's program carriage decision that the cable operator discriminated against Tennis Channel. According to a copy of the filing, Comcast has no problem with the schedule.

"All parties to this proceeding have authorized Tennis Channel to state that they consent to expedited consideration of the appeal, and to the following schedule for expedited briefing and oral argument," Tennis Channel told the court.

Comcast sought court review of the decision Aug. 1. It also asked the court to stay FCC enforcement pending that consideration, which the court last week agreed to do. Even at an expedited pace, even if Comcast eventually loses the challenge, it won't have to move Tennis Channel until sometime in 2013.

"In light of the substantial harm that Tennis Channel faces each day that it is denied the relief to which the Commission concluded it was entitled," said the Tennis Channel court filing after citing the granting of that stay, "Tennis Channel respectfully requests that the Court grant its unopposed motion for expedited consideration and briefing.

The proposed schedule.

Oct. 4: Petitioner's Brief
Nov. 5: Respondents' Brief and Intervenor Tennis Channel's Brief
Nov. 19: Reply Brief
Nov. 26: Deferred Appendix
Dec. 3: Final Briefs