The National Association of Broadcasters intervened on behalf of the Federal Communications Commission (FCC) last week in federal court when it filed a brief in defense of the FCC’s recent order that ensures all must-carry stations will be viewable by all cable subscribers after the digital transition.

Cable networks filed suit in February against the FCC’s decision, alleging that the new regulations will push cable systems over capacity in a way that could require those systems to drop or move certain non-broadcast programming to make room for the must-carry broadcast signals. The cable networks argue that the effect of the regulations violates their First Amendment rights.

NAB disagrees. The benefit to consumers outweighs any limited strain on the cable industry, as viewability requirements help ensure the continued viability of many must-carry local broadcast stations. A possible victory for cable networks, however, would mean that must-carry broadcast signals could not be viewed by analog subscribers that do not elect to use cable converter boxes, a result at odds with congressional intent, according to NAB.

The FCC’s Viewability Order, released in January, ensures that, following the DTV transition next year, analog cable subscribers using analog-only television sets will be able to view programming just as they do now. The rules require cable operators that have both analog and digital subscribers to provide the downconverted digital signals of all must-carry stations. Analog-only television owners account for nearly 40 million cable subscribers, and, absent such viewability mandates, may be unable to view a number of stations carried via must-carry.

Read NAB's brief here.

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