미국 다채널 TV의 채널전송 규제의 전개과정:언론자유 원칙과 관련하여
The Signal Transmission Regulations on Multichannel TV in U. S. and Their Constitutionality
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Abstract
This study intends to historically review the major argument about signal transmission regulations including must-carry rules and retransmission consent on the basis of the free speech principle encouraged by the First Amendment. It also explores FCC's policy changes regarding the compulsory duties of transmitting local terrestrial TV signals by multichannel media such as cable TV and DBS.The regulations of compulsory over-the-air signal transmission have been sustained except for the deregulation period for cable TV in the late 1980s. The regulations have been mainly upheld constitutional by the U.S. courts because they have been considered content-neutral and of interest for the public.As the media environments are changing fast, the challenges by the multichannel, pay-based TV operators for more free management of the corporations will increase. Also, new multichannel media is coming into the industry and will ask more constitutional rights. In response to them local and national terrestrial TV runners need to enhance their commodities in terms of interests and utilities for the public.
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