By Daniel Frankel, FierceCable, August 22, 2014
Aereo's legal losing streak continues, with a federal appeals court refusing to hear the streaming service's "emergency" argument that it should now be considered a pay-TV service that pays retransmission fees for broadcast network programming.
In documents filed Thursday, Aug. 21, and obtained by the Washington Post, the Second Circuit Court of Appeals ruled that the case should be decided on the district court level. Aereo is currently litigating against CBS and NBC in the Southern District of New York.
Seeking to bypass a lengthy trial in that Manhattan district court, Aereo filed an appeal with the Second Circuit Court in early August, indicating that it is "bleeding to death" and needs a speedy ruling on its request to receive a statutory broadcast retransmission license. With its filing Thursday, the appeals court essentially responded that it's not the right venue for that argument to be considered.
Neal McLain "Texas Cable Guy" in the comment section of the article.