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Federal regulators recently rejected a request by broadcasters
to require cable operators to carry multiple digital channel offerings
from local television stations - the so-called "Must-Carry"
rule sought by broadcasters and the NAB, and bitterly contested
by cable MSOs. In a 4-1 vote, the FCC commissioners upheld a 2001
FCC ruling that said cable companies only must carry one digital
channel per station.
The four commissioners who sided with cable companies questioned
whether they had the authority to force cable operators to carry
the extra channels, citing property rights and First Amendment
concerns.
Many broadcasters argue that multicast carriage rights are critical
to the industry's ability to compete in a world of hundreds of
channels on pay-TV platforms. "This is not a test of whether
multicast content is beneficial," Republican Commissioner
Kathleen Abernathy said. "But, multicasting is not necessary
to ensure the continued preservation of free, over-the-air TV."
The FCC also rebuffed another request from broadcasters to require
cable companies to carry both digital and analog signals of local
broadcasters as they switch to the new technology.
In 1997, the Supreme Court ruled 5-4 that a law requiring cable
operators to allocate one-third of their channels for TV stations
demanding carriage was consistent with the First Amendment. Multicast
must-carry was not directly addressed in that case.
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