No one had ever heard of the Internet, except maybe a couple guys buried deep in the Pentagon. Most importantly, the advances in technology have been astonishing since the time of Red Lion . Digital convergence, rather than reinforcing the unique nature of broadcasting, has blurred the lines between all communications medium. The TV will be a computer. Cable companies will offer phone service, and phone companies will offer video service.
Digital convergence means sameness in distribution.
What one sees or hears is dependent only on the order of zeros and ones, nothing more. At the very least, any responsible government official who has taken an oath to support and defend the Constitution must squarely address this important question. Yet, contrary to the Court's assertions, there is nothing unique about the scarcity of radio frequencies. They are no more scarce than any other natural resource, such as oil, timber or gas, that is an essential input to other industries. Moreover, as I mentioned, technological convergence is shattering any technical distinction between mediums.