In Columbia Broadcasting System v. Democratic National Committee, 412 U.S. 94, 101-02, 93 S.Ct. 2080, 2086, 36 L.Ed.2d 772 (1973), the Supreme Court upheld a ban on editorial advertising imposed by broadcast licensees, rejecting fairness doctrine and First Amendment challenges. The Court held that claims of First Amendment rights to broadcast access must be examined in light of the regulatory scheme evolved from the Communications Act: Balancing the various First Amendment interests involved in the broadcast media and determining what best serves the public's right to be informed is a task of great delicacy and difficulty. The process must necessarily be undertaken within the framework of the regulatory scheme that has evolved over the course of the past half century. For, during that time, Congress and its chosen regulatory agency have established a delicately balanced system of regulation intended to serve the interests of all concerned. The Court thus recognized that both broadcasters and the public have important First Amendment interests at stake in controversies over broadcast access. The Court concluded that Congress, by denying the public an unlimited right of access in the Communications Act, and the Commission, in developing the fairness doctrine, had attempted to strike a balance that would satisfy the First Amendment interests of all concerned. While the Court acknowledged that it could not "defer" to the judgment of Congress or the Commission on a constitutional question, it realized that contests over access oftimes present complex problems and few known answers, and that courts ought to pay careful attention to how the other branches of government have treated the same problem. In Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 93 S.Ct. 2080, 36 L.Ed.2d 772 (1973) (holding that broadcasters are not required to accept paid editorial advertisements), Chief Justice Burger, joined by two other members of the Court, concluded that a broadcast licensee's refusal to accept editorial advertisements was not state action. The Chief Justice wrote: In dealing with the broadcast media, as in other contexts, the line between private conduct and governmental action cannot be defined by reference to any general formula unrelated to particular exercises of governmental authority. When governmental action is alleged there must be cautious analysis of the quality and degree of Government relationship to the particular acts in question. "Only by sifting facts and weighing circumstances can the nonobvious involvement of the State in private conduct be attributed its true significance." Burton v. Wilmington Parking Authority, 365 U.S. 715, 722, 81 S.Ct. 856, 860, 6 L.Ed.2d 45 (1961). (Id. at 115, 93 S.Ct. at 2093.)