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Constitution Not Part of Leased Access Rates Issue, FCC Told

The FCC's look at its cable leased access rate formulas needn't delve into constitutional issues, said broadcast interests in docket 17-105 Friday. The FCC should make clear any decision that gets into underlying constitutional issues applies only to commercial leased access rules at hand, not MVPD carriage of noncommercial stations, America's Public TV Stations and PBS said, taking no position on rate formulas. They said the FCC should recognize a changing market doesn't alter underlying governmental interests in ensuring access to noncommercial educational public TV stations. Also saying they have no position on rate formulas, Ion and Trinity Broadcasting Network said courts have been clear leased access doesn't violate the First Amendment.