This case does not involve obscenity. It’s a discrimination lawsuit - alleging that Comcast gave similar channels it owns (NBCSN and Golf Channel) wider distribution compared to Tennis Channel.
What suspect class would such a "discrimination" action be based on. This involves neither race, sex, religion, gender oreintation, or any other prohibited discrimination. "Sports preference" is not a class entitled to protection under civil rights anti-discrimination laws. It seems to be based on an FCC enforcement action rather than civil rights laws, so again I ask, does the FCC have authority to regulate cable as well as broadcast television?