Cable 'must carry' rules upheld by high court in 5-4 decision

Article Abstract:

The US Supreme Court found in Turner v. FCC that must-carry regulations enacted under the Cable Television Consumer Protection and Competition Act of 1992 were constitutional. The Court employed the intermediate scrutiny test for content-neutral restrictions on free speech and found that the burden imposed on cable operators was in proportion to the benefits of maintaining public access to local broadcasting. The dissent believed that the regulations were content-based restrictions and stated that the intermediate scrutiny test was misapplied.

United States, Laws, regulations and rules, Cable television broadcasting industry, Broadcasting policy

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'Must carry' battle returns to the courts

Article Abstract:

The passage of the Cable Television Consumer Protection Act of 1992 has triggered several cable companies to challenge the law's must carry provisions in court. The cable industry opposes being forced to broadcast local network broadcasters and the US Court of Appeals for the District of Columbia has twice ruled must carry provisions unconstitutional. The new act favors broadcasters, permitting them to choose between negotiating retransmission consent or must carry rights with cable companies.

Cable television

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