MOST-CARRY DECISION CONTINUES GOVERNMENT INTERFERENCE

The U.S. Supreme Court issued a disappointing ruling when it decided last week to uphold the 1992 federal law known in the cable-television industry as the "must-carry rule." Under this rule, local cable franchises must include most local broadcast channels in their programming lineups.

The 5-4 vote indicates how close the nation's highest court came to striking down the law. The four dissenters were right to express their grave doubts about a law that interferes both with business decisions and free-speech issues.

The law was enacted as cable companies, many with limited channel space, began opting for non-broadcast programming as a way to fulfill their business obligations and to meet the demands of cable subscribers who wanted more and more diverse viewing, ranging from hit music videos to around-the-clock history to congressional debates.

Under the must-carry rule, local cable franchises often are unable to carry channels that viewers say they want. One frequent victim is C-SPAN, which broadcasts House and Senate sessions in Congress along with other public affairs programming.

The must-carry rule is supported by some commercial broadcast stations in markets where being on local cable systems is essential to staying in business. But many broadcast stations choose not to be a must-carry channel, relying instead on contractural arrangements with cable companies.

It makes good business sense to allow TV stations and cable companies to conduct business unfettered by federal laws that dictate how those businesses will operate. Clearly, this is another case of well-intentioned meddling by government in private enterprise.

Now the Supreme Court has added its official sanction -- at least for now. With the change of one or two justices, the minority view could yet prevail sometime in the future. Meanwhile, cable companies will be leaving out popular programming in order to comply with the must-carry rule.