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.
X stands as the single greatest justification for dual track First Amendment analysis.
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. Nonetheless, because the courts continue to refer to scarcity as a distinguishing characteristic of broadcasting, I submit that we should squarely confront the theory and judge its validity. If one parses Red Lion and its progeny, one will find a number of subtle variations on the scarcity rationale.