Justice joins defense of must-carry
The decision comes as good news for a broadcast industry gearing for a court fight over the constitutionality of must-carry.
The must-carry law requires cable operators to carry local over-the-air broadcasters. Under the new cable law, those broadcasters have the option of electing must-carry protection or trying to wheedle cash out of the local cable operator under a provision known as retransmission consent.
If they opt for must-carry, no cash exchanges hands, but the broadcaster is guaranteed a spot on the cable service. It's believed that the less popular independent stations will select that option. Those choosing retransmission consent are given the chance to negotiate cash payments from the local cabler.
Justice's decision was not unexpected, since it was widely assumed that the Clinton administration would look more kindly on defending the cable law than the Bush administration.
Last year, President Bush vetoed the cable bill, in part on grounds that the must-carry proviso violated the free-speech rights of cable operators. After Bush's veto was overridden, the Justice Dept. notified Congress it would not defend must-carry.
However, Justice spokesman Joe Krovisky said yesterday that the Clinton administration has decided must-carry "will be defended, along with other provisions in the cable bill."
National Assn. of Broadcasters lawyer Jeff Baumann hailed Justice's entry into the case. "A strong government defense significantly adds to the likelihood that must-carry will be upheld." he said.
Must-carry has twice been rejected by courts as an unconstitutional violation of the free speech rights of cable operators. In both cases, courts were ruling on the merits of a Federal Communications Commission regulation.
Broadcasters are hoping this version will pass because it is Congress--not the FCC--that has endorsed the notion that local broadcasters need carriage protection.
A special three-judge D.C. appellate court will hear oral arguments on the must-carry case March 4.
