• On August 1, 2012, Comcast filed an appeal with the D.C. Circuit challenging the recent FCC ruling that Comcast improperly refused to carry the Tennis Channel on the same package that Comcast offers on its own affiliated sports network. Comcast argues in its appellate petition that the FCC’s ruling is arbitrary, capricious, and an abuse of the agency’s discretion. It further claims that the FCC’s action is “contrary to [Comcast’s] constitutional rights under the First and Fifth amendments of the U.S. Constitution [and] violates the Communications Act of 1934” and related FCC regulations. Comcast seeks to reverse both the ALJ’s fine of $375,000 (payable to the U.S. Treasury), and also “what may amount to hundreds of millions of additional dollars to [The] Tennis Channel.” Commissions McDowell and Pai both dissented from the FCC order. Comcast Commc’ns LLC v. FCC, D.C.  Cir. No. 12-1337.