[opendtv] Re: Multicast must-carry
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 24 Oct 2007 09:01:09 -0400
At 6:37 PM -0700 10/23/07, John Willkie wrote:
Sounds like he can't get two other commissioners to agree to put it on the
agenda, so now he's asking the most idiotic congress in U.S. history to do
what he cannot.
Even if he COULD get two or more of the commissioners to agree to an
order that would authorize multicast must carry, that order would be
reversed by the courts in a heartbeat. Worse yet, the resulting test
case might make it all the way to the Supreme Court where ALL must
carry/retransmission consent rules could be overturned (It almost
happened in the '90s, being upheld by a 5-4 decision.
The reason that Martin was building this case for Congress, is that
ONLY Congress can authorize multicast carriage via new legislation,
in order to prevent the courts from overturning it. THis is a long
shot at best.
Regards
Craig
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