U.S. Supreme Court shouldn’t even hear DBS industry’s appeal of c...
U.S. Supreme Court shouldn’t even hear DBS industry’s appeal of carry-one-carry-all provision of Satellite Home Viewer Improvement Act (SHVIA), broadcasters said in brief to court. They said provision, which allows DBS operators to carry local TV signals into local…
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market but only if all signals are carried, doesn’t conflict with any other court decision, including Supreme Court decision in Turner case upholding cable must-carry. They also said SHVIA provision would be easier to uphold on First Amendment grounds than Turner because, unlike Turner, it doesn’t compel carriage -- it says only that if DBS operators want free copyright license to carry any local TV signals they must carry them all: “It creates a voluntary option that satellite carriers are free to take or leave.” Broadcasters said local-into- local provision could be overturned only if court said condition -- requiring carriage of all stations -- itself was unconstitutional, but they said it “imposes no unconstitutional condition because it does not require petitioners to surrender an ‘independent benefit.'” Brief in Satellite Bcstg. & Communications Assn. v. FCC was filed by ALTV, APTS, CPB, NAB, PBS, Univision.