Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180, 52 (1997)

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

O'Connor, J., dissenting

pellees cannot show an anticompetitive threat to broadcast television simply by demonstrating that "a few" broadcast stations would be forced off the air in the absence of must-carry. Ante, at 191; see Brief for Federal Appellees 14, 17, 18. No party has ever questioned that adverse carriage decisions by cable operators will threaten some broadcasters in some markets. The notion that Congress premised the must-carry provisions upon a far graver threat to the structure of the local broadcast system than the loss of "a few" stations runs through virtually every passage in the principal Turner opinion that discusses the Government interests the provisions were designed to serve. See, e. g., 512 U. S., at 647 (recognizing substantiality of interest in " 'protecting noncable households from loss of regular television broadcasting service due to competition from cable systems' " (quoting Capital Cities Cable, Inc. v. Crisp, 467 U. S. 691, 714 (1984) (emphasis added))); 512 U. S., at 652 ("Congress sought to preserve the existing structure of the Nation's broadcast television medium, . . . and, in particular, to ensure that broadcast television remains available as a source of video programming for those without cable" (emphasis added)); id., at 663 (recognizing interest in "maintaining the local broadcasting structure"); id., at 664-665 (plurality opinion) (characterizing inquiry as whether Government "has adequately shown that the economic health of local broadcasting is in genuine jeopardy" (emphasis added)); id., at 665 (noting Government's reliance on Congress' finding that "absent mandatory carriage rules, the continued viability of local broadcast television would be 'seriously jeopardized' " (quoting Cable Act, § 2(a)(16) (emphasis added))); id., at 666 (recognizing Government's assertion that "the must-carry rules are necessary to protect the viability of broadcast television" (emphasis added)). Ostensibly adopting this framework, the Court now asks whether Congress could reasonably have thought the must-carry regime necessary to prevent a "significant reduction in the multiplicity of broad-

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