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As expected, broadcast interests asked the Supreme Court to deny satellite TV's challenge of must-carry rules in a filing made late Monday.

The group, led by the National Association of Broadcasters, told the Supreme Court that the carry-one, carry-all requirements contained within the Satellite Home Viewer Improvement Act don't "implicate the First Amendment and therefore is not subject to heightened scrutiny." Satellite TV interests, led by EchoStar, are challenging the constitutionality of must-carry rules at the high court.

The must-carry rules were last upheld by the Fourth Circuit Court of Appeals in Richmond, Va. In its petition, the NAB said the court "correctly rejected petitioners' novel and misconceived constitutional challenges" in its decision upholding must-carry handed down in December.

In addition, the NAB Supreme Court petition said Congress' decision "to help satellite carriers retransmit the signals of all broadcast stations to subscribers in a particular market - but not giving them the added benefit of permission to retransmit the signals of only some broadcast stations - is simply a decision to encourage one activity without interfering in any way with alternative editorial choices.

"Petitioners' disappointment over the particular form of corporate welfare Congress decided to give them does not implicate the First Amendment and therefore is not subject to heightened scrutiny," the NAB said.

Because of the late nature of the petition, reaction wasn't available from EchoStar or others.

From SkyReport (Used with Permission)
 
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