Washington and Lee Law Review Volume 38 | Issue 4 Article 10 Fall 9-1-1981 Pay Television and Section 605 of the Communications Act of 1934: A Need for Congressional Action Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Communications Law Commons Recommended Citation Pay Television and Section 605 of the Communications Act of 1934: A Need for Congressional Action, 38 Wash. & Lee L. Rev. 1249 (1981), https://scholarlycommons.law.wlu.edu/wlulr/vol38/iss4/10 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. PAY TELEVISION AND SECTION 605 OF THE COMMUNICATIONS ACT OF 1934: A NEED FOR CONGRESSIONAL ACTION Over the past two decades television viewers have enjoyed a prolifera- tion of new video broadcast technologies., Specialized video program- ming has supplemented conventional over-the-air television broadcast- ing.2 While advertisers or contributors support conventional television, pay television (pay TV) depends upon subscribers for revenue.3 Conse- quently, pay TV companies offering multipoint distribution service (MDS)' or subscription television (STV)5 limit their audiences to subscribers by transmitting a special signal that only subscribers can receive through equipment that the companies provide.' Competitors ' See OFFICE OF PLANS AND POLICY, FEDERAL COMMUNICATIONS COMMISSION, POLICIES FOR REGULATION OF DIRECT BROADCAST SATELLITES, 11 (1980) [hereinafter cited as STAFF REPORT]; Elder, Subscription Television, The FCC, and the Courts, 15 ST.