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?
Has to do with the 1992 Cable Act requiring fair treatment of “similarly situated” networks - or something to that effect.
Comcast has Tennis Channel on Sports Tier while Golf and NBCSN are on the basic cable package (digital starter).
FCC is charged with handling cable carriage complaints and fined Comcast the maximum penalty of $375,000 and required Comcast to provide Tennis Channel with same distribution as NBCSN and Golf Channel.
DC Circuit overturned it. This is the first cable carriage complaint to be appealed all the way up to the Supreme Court as I understand.