A Federal Appeals Court in Richmond, Virginia upheld an earlier decision that requires satellite television providers to carry all local public television stations if they choose to air any in a particular market. This means that
Star Trek fans who are satellite customers in many markets not currently receiving UPN could soon be able to view
Enterprise.
Before this ruling, satellite companies made the decisions about which stations would air on their service. Beginning January 1 of 2002, if the satellite companies choose to run one local station, they must run all by law. The companies could still choose not to include any local stations.
The decision, handed down by a three-judge panel of the 4th U.S. Circuit Court of Appeals, upholds a June ruling issued by a federal judge.
"We hold, as did the district court, that the 'carry one, carry all' rule does not violate either the First Amendment or the other constitutional provisions cited by the satellite carriers,'' Judge Blane Michael wrote in his opinion.
Media Access Project, a public interest group, supports the ruling. "The court has again confirmed the government's power to protect the viewing public and to insure that local broadcasting is available to all American citizens," said Andrew Schwartzman, President of Media Access Project.
"At this point, we have no plans to drop any local markets,'' EchoStar spokeswoman Judianne Atencio told Reuters. EchoStar's Dish Network, which has over 6 million subscribers, currently offers local channels in 36 markets.
While this ruling does little to help Enterprise fans in regions where UPN is not aired on cable or via broadcast, it does serve as a small step towards Enterprise being available to all viewers who want it. This ruling could still be appealed to the U.S. Supreme Court, so this story could continue to develop.