FreedomWorks Joins Letter to Oppose “Must Carry”
The Honorable Bill Frist
Majority Leader
United States Senate
Washington, DC 20510
October 12, 2005
Dear Majority Leader Frist:
The undersigned organizations would like to express their strong opposition to proposals to
extend “must carry” rules for cable operators to include the multiple streams of
programming broadcasters may offer following the transition to digital television.
To do so would impose what is an unreasonable and likely unconstitutional burden on cable operators.
Currently, cable operators are required to carry certain commercial and public television stations –
– already a government mandated taking of cable operators’ privately built property. However,
following the upcoming digital transition, broadcasters will be able to divide their digital
spectrum to offer multiple streams. A multicast must carry requirement could increase the
amount of property seized from cable providers by six times or more, with no just compensation
from broadcasters – a likely violation of the takings clause of the Constitution.
A requirement that cable providers carry every single stream on separate channels might also
impede those companies from offering additional services including high-speed Internet, HDTV
and Internet phone service – services on the cutting edge that have been developed to meet the
needs and desires of subscribers.
Cable operators have built large private infrastructures at enormous costs, and depend upon
private subscribers for their survival and success, while broadcasters already enjoy free license to
use public airwaves. To give broadcasters a free ride on cable operators’ private infrastructure
would represent the worst sort of government mandate, and would fly in the face of the property
rights protections found in the Constitution.
We strongly urge Congress not to adopt a multicast must carry rule for cable, and instead
to allow the free market to determine the programming offered to cable subscribers.
Sincerely,
Grover Norquist David Keene
Americans for Tax Reform American Conservative Union
Fred Smith Paul Gessing
Competitive Enterprise Institute National Taxpayers Union
Scott LaGanga Tom Readmond
Property Rights Alliance Media Freedom Project
Michelle Korsmo Geoffrey Segal
Americans for Prosperity Reason Foundation
Jim Martin Matt Kibbe
60 Plus Freedom Works
Chuck Muth David Bosse
Citizen Outreach Citizens United
Jeff Mazzella Genevieve Wood
Center for Individual Freedom Center for a Just Society
Jason Wright Roy Innis
Institute for Liberty Congress on Racial Equality
George Landrith Thomas Schatz
Frontiers of Freedom Council for Citizens Against Government Waste
Thomas P. Kilgannon Daniel Clifton
Freedom Alliance American Shareholders Association
Karen Kerrigan
Small Business Entrepreneurship Council
Kay Daly
Coalition for a Fair Judiciary
