Leased Access Order Posted; Mercatus' Skorup Doubts Old Regime's Constitutionality
The FCC cable leased access order and Further NPRM adopted at Thursday's FCC meeting was posted Friday. The item got objections from Democratic commissioners over its finding leased access rules have First Amendment problems (see 1906060029). Brent Skorup of George…
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Mason University Mercatus Center emailed us that such content access regulations, if litigated today, would be struck down as unconstitutional: The leased access rules were upheld in the past because of cable TV's monopoly position over pay TV -- a position that's evaporated. "It's unlikely that cable operators and broadcasters will challenge these restrictions so I'm glad the FCC may address some of these First Amendment issues," he said. "No media distributor should have junior varsity First Amendment rights."