Spectrum Set-Asides as Content-Neutral Metric: Creating a Practical Balance Between Media Access and Market Power

This Article explores the practicality and desirability of a public access system for digital broadcasters. While the repeal of the Fairness Doctrine and the Supreme Court’s decision in Miami Herald Publishing Co. v. Tornillo have put a damper on the longstanding efforts of access advocates, the time is ripe to recognize that the new technologies of digital multiplexing and spatial zoning not only make a robust public access system legally feasible, but potentially desirable for government regulators, broadcasters and the public.

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