[opendtv] Re: Multicast must-carry

Yeah, I heard that about analog must-carry after 1898, but it didn't prove
to be true.

You might be informed by actually reading the resulting Supreme Court
opinion, particularly how they discuss the public-policy/governmental powers
at play, and compare them to Martin's argument.

I'm not saying that the clearance of such a law would be a slam-dunk (it was
very close on the most recent ruling), I am saying that the Congress has a
legitimate interest in seeing the transition succeed, and that could easily
tip the scales.

Indeed, that is the "gravitas" of Martin's comments.  Unfortunately, he
can't even get it on the agenda at the FCC, so he only has the bully pulpit.

It's not that he doesn't have the votes to PASS it; he doesn't have the
votes to put the matter on the FCC's meeting agenda.

Craig, supreme court decisions aren't analyzed on how close they are, except
by fools engaged in a mere patina of an analysis -- call it sophistry.  "Roe
v Wade"  has been one vote away from being overturned for a decade, but it
hasn't happened.

It's the conditions, reasoning and analysis that matters to later judges,
not the vote.  If the conditions change, the analysis can change, and event
the result.

John Willkie

-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Craig Birkmaier
Enviado el: Wednesday, October 24, 2007 6:01 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: Multicast must-carry

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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