Comcast can’t update the record in the Tennis Channel’s program...

Comcast can’t update the record in the Tennis Channel’s program carriage complaint against the cable operator, the administrative law judge who heard the case ruled Monday. Chief FCC ALJ Richard Sippel denied the operator’s request to add information about the channel’s loss of some distribution, which the Tennis Channel had opposed (CD Sept 27 p13). “Post hearing evidence proffered by Comcast is hearsay that was not cross-examined,” his order said. “To decisionally consider such untested evidence confuses the record, wastes time, and invited Tennis Channel to follow suit by its Response.” Recent media reports on the lost distribution, which Comcast said belied the channel’s case, would update “existing non-controverted evidence” and “should be excluded even if relevant,” Sippel wrote, “as it is superfluous, not necessary and just as likely to confuse as inform.” A Comcast spokeswoman had no comment.