I think the judges are applying a little-known standard called "do you have any wires"
The legislation that causes cable companies to need to pay broadcasters to re-distribute their broadcasts should apply equally to businesses that "don't have any wires" connecting them directly to their customers.
Just because you don't have any wires that belong to you and connect you directly with some customers ("the last mile"),
even if you can't pull a Comcast and charge Netflix for the privilege of reaching your customers who pay to receive "The Internet" which Netflix is a part of,
doesn't mean you shouldn't be responsible for bearing some of the cost of funding broadcast activities that you derive your business from. Sure they are broadcast signals, and "anyone" can get them for free, but if you take them away, you don't have a business... then the court says you have to pay for them.