Senate bill to give FCC authorisation to enforce broadcast flag
Posted on 05/05/06 01:00 by Seán Byrne                             
Senate bill to give FCC authorisation to enforce broadcast flag

A 135-page senate bill has been proposed to give a major makeover of the Communications Act of 1934, which would mandate the broadcast flag for both audio and video transmissions, virtually prohibit the sales of analogue televisions from March 2007 and affect broadband communications.  This bill is known as the "Communications, consumer's Choice, and Broadband Deployment Act".  It is currently a working draft at present, which will be subject to changes.

If enforced in its current state, it would give the FCC the authorisation to begin outlawing digital radio and satellite receivers with recording capabilities, unless they obey the broadcast flag embedded in broadcasts.   This would also cover PC Digital TV & radio tuners.  On the other hand, the broadcast flag will allow the recording of short excerpts and most news broadcasts will be excluded from the broadcast flag.   The Congress will also be given the authority to pass laws to regulate digital and satellite radio.  

When it comes to television, the bill will require the shutdown of analogue transmissions on the February 17th, 2009.  To help make consumers aware of the change, all retail store analogue TVs will need to have an advisory tag with a set message to warn consumers that they will need to obtain a converter box after February 17, 2009 to watch over-the-air broadcasts.  This tag will become mandatory from 60 days after the bill gets signed into law.  From March 1st, 2007, the bill will also prohibit the sale of any analogue televisions that have a diagonal screen size of 13 inches or greater, unless they incorporate a digital tuner.  Thanks to RTV71 for letting us know about this news. 

 Included in the massive proposal is, however, one requirement sure to please the recording industry: authorization for the FCC to start the process of outlawing digital over-the-air radio and digital satellite receivers sold today that permit users to record broadcasts. Those would be supplanted with receivers that will treat as copy-protected anything with an "audio broadcast flag" in the future.

Jonathan Lamy, a spokesman for the Recording Industry Association of America, called it "a necessary and appropriate focus on an issue critical to record labels, songwriters, publishers, artists and many others in the music community." The RIAA is worried about newer receivers, such as the Sirius S50, that it says let Americans assemble a personal music library without paying for it.

Stevens did seem, however, to bow to pressure from technology groups and the consumer electronics industry when devising related regulations to copy-protect digital video. His legislation would order the FCC to ban digital TV tuners, such as ElGato's EyeTV 500, that let users record over-the-air broadcasts and save them without copy protection.

The full c|net story can be read here.   Some further information can be read on this ExtremeVoIP article.

While it is interesting to see that the bill proposes to warn consumers about the digital change over should they look at buying an analogue TV, to me it seems that they are more interested in just getting the notorious dreaded flag back in again and taking control away from the consumer, particularly when it comes to recording TV programmes.  For example, as TV episodes are often sold later on DVD, the broadcast flag is likely there to prevent consumers from building their own episode collection and forcing them to purchase the DVD set instead.

RTV71 added:  I think it's time to stop voting for the two "major" parties and start supporting some of the smaller ones that haven't been corrupted.

Source: c|net News -

Reactions
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By CORRSA, Friday 05 May 2006 01:33
wow sounds likea tough bill to me soon we will be buying credits to breathe air
By shimman, Friday 05 May 2006 01:34
it is really pitiful that we amreicans are greedy than ever; only thing matters is money. where are the values that conservatives are shouting...those b!@#$@ are even more greedy than rest
By Primergy, Friday 05 May 2006 02:05
PrimergyThe poor remain poor - and free. (why?) The duteous middle class worker has to work longer to enjoy the short & ass-expensive free time he got. An unhealthy, stressful lifestyle makes you spend your money on wierd, artificial food. Time optimized max. fitness is found in massive Gyms (with air-filters and AC). And now we have to go another step to place ourselves under disability being maltreated with this bullshit! to CORRSA: Paying for air? Well maybe yet another buisness plan behind the US environmental politics. Soon everyone will have an oxygen tank next to his oil/gas tank - or die at the age of 35 biggrin
By heystoopid, Friday 05 May 2006 06:32
The morons, just killed the final incentive to upgrade current free to air to digital spec, short of switching every analog TV transmitter off! Oh well, as Ted Turner said "The United States has got some of the dumbest people in the world. I want you to know that we know that." As Nelson would say Ha! Ha!supergrin
By Roj, Friday 05 May 2006 16:14
...and the stupid American people once more roll over and play dead. I'm sorry, but that's just how it is. I'm sick and tired of hearing about these stupid laws being passed while those idiots do absolutely NOTHING to help themselves and the rest of the world cops the stink of America's farts. This post will likely be censored but I don't care - someone has to call a spade a spade.
By Jagaer, Friday 05 May 2006 17:29
Many items are sold around the world. If it is only the USA that requires the broadcast flag, will the companies building the equipment do: 1) Make every country obey the broadcast flag, even if it is not required 2) Produce a different version for USA and for the rest of the world 3) Create a firmware option that enables/disables compliance with the broadcast flag.
By Icy Mt., Friday 05 May 2006 18:18
Icy Mt.To quote John Prine: "Blow up yer TV, thow away your paper, move into the country, build you a home". I don't think that these folks understand that TV, radio, movies and the internet are not "necessities". Make them difficult enough to access and I simply won't use them!
By Zod, Friday 05 May 2006 19:00
ZodI still think they're going to have have to push back the analog cutoff thing. I still think a majority of people still use analog. However I don't get if this cutoff just means they're going prohobit local antenna based tv, or if it means cable companies can't distribute analog cablevision anymore anyways. i hope this doesn't make it through.. even though I'm not american, (I'm Canadian), it would be easier for companies to manufacture devices with the drm crap installed for both countries, rather then make drm free devices for Canada. Theres an election in the fall, maybe it'll just get lost in the shuffle.
By rla, Friday 05 May 2006 21:09
Well it is official. The U.S. Government has been bought, lock, stock and barrel. The bill paying citizens are nothing more than sugar daddies to these corporations. Now if the public just had a memory span that lasted more than 15 seconds perhaps we could vote some of these politicians out.
By Primergy, Saturday 06 May 2006 00:02
PrimergyThink of the impact when they realize they cant afford TV anymore supergrin AAAHAHAHA TV is the number one drug to keep a population under control. Maybe there will be a 2nd Woodstock movement, more serial-killers (raging mad cuz of a flag-message in front of their beloved soap-opera). Think of all the social problems the screen in every livingroom soothes Smilie
By dtog, Saturday 06 May 2006 02:29
I have a feeling everything here will be DRM'ed up the wazoo, and/or copy flagged. I am willign to bet, sooner or later, most will just give up watching TV and/or listening to the radio all together. Shame we can't just go back to analog. Frown
By byb3, Saturday 06 May 2006 18:17
I think the next 20 years are going to see a huge change in human trends. Capitalism will try to suck so much out of everyone, it will collapse. I've no idea what is next in line, but I expect there to be a big change. Keep an eye on China.
By moviegeek, Sunday 07 May 2006 07:20
moviegeekScrew digital...long live analog!
By kibo, Monday 08 May 2006 01:18
Once again, Orwell comes to my mind Frown i see revolution in decades to come...
By Phat_cow, Monday 08 May 2006 04:16
Will the cable companies have to upgrade their cable network to support those who are currently not in the digital service area? Not everyone are able to recieve digital cable. Will they be forced to get satillite? Seems that way...
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