The broadcasters want the 9th Circuit Court of Appeals to reverse a decision issued last year by U.S. District Court Judge George Wu in Los Angeles, who said that FilmOn should be considered a “cable system,” and therefore entitled to a cable license. Fox, ABC, CBS, NBCUniversal and others argue that FilmOn isn’t a cable system because it doesn’t have stream programs from a traditional “facility.”
Source: FilmOn X Not Entitled To Cable License, Broadcasters Tell Appellate Court 01/28/2016