Tuesday, November 23, 2004

More Pressure on FCC Re Multicast Must Carry

As some of you may know, a petition by Paxson Communications resulted in a federal court ordering the FCC to explain within 30 days why it has failed to act on broadcaster requests to order must-carry for all "free" digital multicasts.

As FCC Chairman Powell cites, the FCC has already decided on the core issue and has, so far, elected not to revise that decision. However, with Congress and now a federal court pressing the FCC to act, I imagine that some kind of ruling will be coming down and then whatever it is it will swiftly be challenged in court by the sides(s) that are on the perceived losing side.

For new and emerging nets especially, this issue needs to be decided so questions of available bandwidth can be settled. While the constitutional, practical and real world precedent, support and evidence is all on the side of denying digital multi-cast must carry (as well as must carry itself), as long as this issue is open it serves a s a break to investment in and development of truly new independent voices.

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