FCC Skips Takings in Must-Carry Order


The Federal Communications Commission Wednesday released the order officially scuttling dual and multicast must-carry on statutory and First Amendment grounds.

The 23-page order did not appear to contain any surprises, with the possible exception that that agency continued to bypass deciding whether mandatory carriage requirements violate the Fifth Amendment’s ban on the taking of private property without just compensation.

Broadcasters said after the Feb. 10 vote at the FCC that they intend to fight the agency in court and to ask Congress to require cable to carry multiple digital services provided by TV stations.