“Yesterday’s regrettable decision takes us down a dangerous and unnecessary regulatory path.  For the first time, the full Commission has intervened to rewrite a private, arms-length contract and dictate the terms and conditions of carriage for a particular programming network.  The carriage agreement at issue gave Comcast the right to carry the Tennis Channel on a separate sports tier to provide its customers with additional choice of video programming packages.  The government has now abrogated that contract, midterm, by finding that Comcast “discriminated” against the Tennis Channel by not carrying it on a more widely purchased tier that carries two Comcast-affiliated channels that also happen to carry sports programming.  Forcing a cable operator not only to carry a particular program network but to include it in a particular tier or package of channels directly interferes with the operator’s Constitutionally protected right to select and package programming in the manner that, in its editorial discretion, best meets the interests and demands of its customers.  In today’s highly competitive marketplace, it is difficult to see how the government can justify this content-based trampling on the right of free speech and the freedom of contract.”