DISH Seeks Supremes Call On STELA HD Mandate

DISH Network has asked the Supreme Court to rule on what First Amendment test should apply to its Congressional mandate to carry noncommercial stations in HD in advance of other stations. It also wants to know, generally, what standard for First Amendment scrutiny should apply across various media.

At issue, if the Supremes take the case, could be the underpinnings of entire government must-carry regime. That came in a request to the Supreme Court last week, according to Scotusblog.com. DISH has filed a petition for certiorari, asking the High Court to review a Ninth Circuit Appeals court decision last February upholding a district court's denial of DISH's request for a preliminary injunction against implementing the Satellite Television Extension and Localism Act's (STELA) noncom HD mandate on DISH. Per the law, DISH was required to strike deals with noncom stations for HD carriage or be subject to an early deadline for an HD carriage mandate that kicks in more generally in 2013. DISH wants an answer on whether Congress can require a private party - DISH -- to "grant preferential treatment to specified speakers: noncom stations.