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Supreme Court is scheduled to hear local broadcast-TV-carriage law as applied to DBS
Posted 10 June 2002 - 10:40 AM
Under the law, a DBS carrier is required to carry every requesting local TV station in a market where that carrier has elected to provide any local TV stations.
The Satellite Broadcasting & Communications Association and EchoStar Communications Corp. maintained that the carriage mandate violates the First Amendment because it effectively restricts the number of markets a DBS carrier may serve and promotes the speech of lightly viewed stations in a served market over that of network affiliates in an unserved market.
DirecTV Inc. -- the parent company of which, Hughes Electronics Corp., is hoping to merge with EchoStar -- was an original plaintiff but dropped out of the case in March.
The carriage mandate -- a 1999 provision of the Satellite Home Viewer Improvement Act -- was upheld in December by a panel of the U.S. Court of Appeals for the Fourth Circuit just a few weeks before the 'carry one, carry all' mandate was to take effect.
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Posted 11 June 2002 - 09:43 AM
It was pushed into being by the lobbying efforts of the cableTV industry as an attempt to strike a crippling blow to DBS - the only real competitor they've ever had. This is the epitome of "dirty pool" if I ever heard of it, and yet another example of how our government makes decisions that favor big business over our best interests and rights.
I plan to live forever ..... so far, so good!
The early bird may get the worm ... but the second mouse gets the cheese!
Posted 11 June 2002 - 12:48 PM
It had everything to do with the NAB.
When the DBS companies first tried to overturn the law, cablers actually sided with them. Time Warner has argued that must-carry is unconstitutional, and gave the DBS companies their support in the matter.
Posted 11 June 2002 - 12:58 PM
Posted 11 June 2002 - 02:59 PM
But not argued successfully.
The Supreme Court has rejected this argument over and over. It just rejected the cable industry's must-carry arguments a few months ago.
This is DOA. Anyone with a lawyer and a desire for publicity can appeal all the way to the SCOTUS: BFD.
DISH, C-band, ku-band, XM radio
Posted 21 June 2002 - 12:30 PM