Cable Television Rights of Way: Technology Expands the Concept of Public Forum

This Note argues that the public forum analysis is the proper standard for evaluating a cable television company’s claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine’s advantages over other standards.