However, not everyone subs to AT200. Therefore there are lots of people who are not receiving Fox News that should be. Everyone that receives AT200 also receives AT100 by default, but it's not the same in reverse.
But again what it comes down to is what did the parties agree to in the last contract. If theya greed that FNC should be in the most popular tier and that is AT 200 (And I don't know that either of those things is true) then the Fox suit does not have a lot of merit.
if it was expressd differently then Fox may well be in the right. but there sia lot we do not know here.
But it really is meaningless to say that there are people without Fox that should have it. there sis no right t o a TV channel. What matters is what was agreed to in the contract.