Maine may suddenly have a good claim for being the most aggressively progressive state in the country when it comes to regulating the television industry. Earlier this year, state lawmakers quietly passed several measures that have the potential of disrupting the status quo. This week came fallout from the moves as some of the biggest companies in the entertainment industry went to court in hopes of obtaining a preliminary injunction.
As for the legal basis for the law's nullification, the TV giants allege that L.D. 832 is preempted by the Federal Communications Act and imposes restrictions on free speech in violation of the First Amendment. "L.D. 832 eviscerates this protected editorial discretion, as it eliminates the ability of cable operators and programmers to decide not to offer programming on an à la carte basis," states ain support of an injunction. "It targets certain content and uniquely burdens certain speakers .
These public-access channels have traditionally been funded by local franchise fees imposed on cable operators, but for reasons including shifts in the marketplace and federal deregulation efforts, they find themselves financially endangered.
I agree with the cable companies. All the streaming services are eating into their business anyway, so the market will compel them to come up with more choices soon enough.