Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180, 32 (1997)

Page:   Index   Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Cite as: 520 U. S. 180 (1997)

Opinion of the Court

tarily carried local broadcast stations accounting for about 97 percent of television ratings in noncable households. Declaration of Stanley Besen, Part III-D (App. 808). Appellants, as well as the dissent in the District Court, contend that in light of such evidence, it is clear "the must-carry law is not necessary to assure the economic viability of the broadcast system as a whole." NCTA Brief 18.

This assertion misapprehends the relevant inquiry. The question is not whether Congress, as an objective matter, was correct to determine must-carry is necessary to prevent a substantial number of broadcast stations from losing cable carriage and suffering significant financial hardship. Rather, the question is whether the legislative conclusion was reasonable and supported by substantial evidence in the record before Congress. Turner, 512 U. S., at 665-666. In making that determination, we are not to "reweigh the evidence de novo, or to replace Congress' factual predictions with our own." Id., at 666. Rather, we are simply to determine if the standard is satisfied. If it is, summary judgment for defendants-appellees is appropriate regardless of whether the evidence is in conflict. We have noted in another context, involving less deferential review than is at issue here, that " 'the possibility of drawing two inconsistent conclusions from the evidence does not prevent . . . [a] finding from being supported by substantial evidence.' " American Textile Mfrs. Institute, Inc. v. Donovan, 452 U. S. 490, 523 (1981) (citation omitted) (quoting Consolo v. Federal Maritime Comm'n, 383 U. S. 607, 620 (1966)).

Although evidence of continuing growth in broadcast could have supported the opposite conclusion, a reasonable interpretation is that expansion in the cable industry was causing harm to broadcasting. Growth continued, but the rate of growth fell to a considerable extent during the period without must-carry (from 4.5 percent in 1986 to 1.7 percent by 1992), and appeared to be tapering off further. JSCR

¶¶ 577-584 (App. 1537-1540); Meek Declaration ¶¶ 74-82

211

Page:   Index   Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: October 4, 2007