Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 16 (1994)

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Cite as: 512 U. S. 622 (1994)

Opinion of the Court

the must-carry rules regulate cable speech in two respects: The rules reduce the number of channels over which cable operators exercise unfettered control, and they render it more difficult for cable programmers to compete for carriage on the limited channels remaining. Nevertheless, because not every interference with speech triggers the same degree of scrutiny under the First Amendment, we must decide at the outset the level of scrutiny applicable to the must-carry provisions.

A

We address first the Government's contention that regulation of cable television should be analyzed under the same First Amendment standard that applies to regulation of broadcast television. It is true that our cases have permitted more intrusive regulation of broadcast speakers than of speakers in other media. Compare Red Lion Broadcasting Co. v. FCC, 395 U. S. 367 (1969) (television), and National Broadcasting Co. v. United States, 319 U. S. 190 (1943) (radio), with Miami Herald Publishing Co. v. Tornillo, 418 U. S. 241 (1974) (print), and Riley v. National Federation of Blind of N. C., Inc., 487 U. S. 781 (1988) (personal solicitation). But the rationale for applying a less rigorous standard of First Amendment scrutiny to broadcast regulation, whatever its validity in the cases elaborating it, does not apply in the context of cable regulation.

The justification for our distinct approach to broadcast regulation rests upon the unique physical limitations of the broadcast medium. See FCC v. League of Women Voters of Cal., 468 U. S. 364, 377 (1984); Red Lion, supra, at 388-389, 396-399; National Broadcasting Co., 319 U. S., at 226. As a general matter, there are more would-be broadcasters than frequencies available in the electromagnetic spectrum. And if two broadcasters were to attempt to transmit over the same frequency in the same locale, they would interfere with one another's signals, so that neither could be heard at all. Id., at 212. The scarcity of broadcast frequencies thus re-

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