It’s another loss (of sorts) for startup Aereo. According to a post on the Telecom Law Monitor blog, Robyn Mohr and Steve Augustino of Kelley Drye & Warren, the U.S. Court of Appeals for the Second Circuit has refused to hear the company’s latest argument—that it should be treated like a cable system—and instead remanded the case to the district court.
“While Aereo is entitled to continue its legal battle, the decision marks another major win for broadcasters,” said Mohr and Augustino. According to documents first reported by The Washington Post, on Aug. 21 the federal appellate court denied Aereo’s request for further consideration of whether it is a “cable system” and therefore entitled to a statutory license. The court based its decision on a procedural point.
