Satellite Broadcasting Communications Ass N V Fcc
  • Satellite Broadcasting Communications Ass'n v. FCC (4th Cir. 2001) is a case that considers whether S. 338 of the Satellite Home Viewer Improvement Act of 1999 (SHVIA) violates that First Amendment by interfering with satellite carriers' editorial discretion to choose their own content.
  • The court held that the "carry one, carry all rule" is facially content-neutral in response to the question of whether the government's interest in preserving a multiplicity of broadcast outlets for over-the-air viewers is materially advanced by the carry one, carry all rule
  • Furthermore, the Court held that the "carry one, carry all" rule is valid because it advances two important government interests:
    1. It preserves a multiplicity of local broadcast outlets for those who do not subscribe to cable or satellite
    2. It minimizes unintended effects of SHVIA's statutory copyright license on local broadcast advertising markets.
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