The Tennis Channel has asked the Federal Communications Commission to intervene in its dispute with cable giant Comcast, the L.A. Times reports.

Tennis Channel and Comcast had gone to a mediator to help resolve their dispute over whether the racket channel should be on a pay tier, but could not come to a resolution. Comcast currently offers the Tennis Channel as part of a package of sports channels for which it charges customers more. Tennis Channel wants to be part of Comcast’s basic service package, which would bring it more viewers and revenue. It’s arguing that it should get the same distribution as two of Comcast's own channels, the Golf Channel and Versus. Comcast has said that when it signed a deal with Tennis Channel five years ago that it agreed to being carried on the sports tier and that other cable and satellite companies offer it on similar or even more exclusive tiers.

The FCC’s position on the matter is seen as critical for Comcast as it’s waiting for FCC and Justice Department approval of its plan to acquire a controlling stake in NBC Universal. Some critics have argued that the acquisition would give Comcast too much power to favor its own channels over others.

“Although it is disappointing that a resolution could not be reached, we now look forward to refuting Tennis Channel’s flawed complaint in a full evidentiary hearing before an administrative law judge at the FCC," a Comcast vice president told the Times.—Matthew Cronin