This Act required cable providers to dedicate some of their channels to local broadcast television stations. P sued the FCC challenging the Act on First Amendment grounds. The District Court granted summary judgment for D. On appeal the issue was sent back to the lower court to determine if local broadcasting was in fact in need of such protection from the FCC; P v. D 512 U.S. 622 (1994). After 18 months of factual development on that issue, the divided panel of the District Court granted summary judgment to D. The Supreme Court granted certiorari.

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