A Subsidy by Any Other Name: First Amendment Implications of the Satellite Home Viewer Improvement Act of 1999

The Satellite Home Viewer Improvement Act of 1999 (“SHVIA”) changed the face of the market for television video services by authorizing direct broadcast satellite carriers to carry local television stations within their own local markets. This Article discusses the carriage provisions of SHVIA, currently the subject of a First Amendment challenge in the U.S. District Court for the Eastern District of Virginia and also the basis upon which the Federal Communications Commission recently issued new rules. SHVIA poses some very interesting, potentially far-reaching First Amendment issues. This Article examines the mechanics of the law, as well as its constitutional implications.