The Supreme Court declined to take up Tennis Channel’s petition against Comcast, ending a legal avenue for the sports network as it sought equal placement on the same tiers as the sports channels owned by Comcast.
In its long-running fight with Comcast, Tennis Channel has charged that the cable giant engaged in a discriminatory practice that violated provisions of the 1992 Cable Act. The high court denied the petition for review without comment in Monday.
The FCC and an administrative law judge sided with Tennis Channel, ruling that Comcast should give the channel the same placement as Golf Channel and Versus (now NBC Sports Network), which it owns.
Comcast has denied it was a violation, and a three-judge panel of the D.C. Circuit said in a May decision that there was not “adequate evidence of unlawful discrimination.”
The appeals court refused to rehear the case in September.
Comcast said in a statement they “are pleased that the finding by the lower court that Comcast did not discriminate against Tennis Channel will stand. We continue to make Tennis Channel available to tennis fans across the country in terms with our longstanding contract.”
In a statement, Tennis Channel said they were “disappointed that the Supreme Court chose not to hear the case. This is not, of course, a decision on its merits, and not entirely surprising given the Court’s crowded docket. There remain a number of available options for Tennis Channel in the case, and we are considering our next steps in light of these options.”