Comcast has asked the FCC to stay enforcement of its July 24
vote upholding Tennis Channel's program carriage complaint.
Comcast said in the filing Monday that the decision imposed
an "unprecedented burden" on the company, allowing Tennis Channel to
rewrite its contract with Comcast "under the guise of avoiding
discrimination."
The commission voted on a 3-2 party line split to uphold the
administrative law judge decision, and Comcast cites the two Republican
commissioners' joint dissent in arguing that the FCC misapplied the law.
In addition, Comcast claims that the FCC order is
unconstitutional and that Tennis Channel's initial complaint was not filed in
time.
Comcast says it is likely to win a court appeal of the
decision on those merits and that not to get a stay would cause it, and the
public interest, irreparable harm. Those are the key thresholds for granting
stays.
Comcast has 45 days from that July 24 decision to give
Tennis Channel the broader carriage it affords its co-owned Golf and NBC Sports
Net channels.
Comcast asks the FCC to rule on its petition by Aug. 7 so
that, if the FCC says not, it can seek a judicial stay.
Broadcasters recently took the same emergency stay route in
trying to prevent the FCC from enforcing its Aug. 2 date for posting political
and other public files online, but the FCC and the court both denied those
appeals for emergency relief.
