[opendtv] Re: 20051129 Twang's Tuesday Tribune (Mark's Monday Memo)

John's right.  I shouldn't have restricted it to "TV."

What is covered is anything that costs the receiver a fee or any 
third-party material for which the broadcaster receives payment other 
than for commercials.

"             `(1) SERVICES TO WHICH FEES APPLY- If the regulations

              prescribed pursuant to subsection (a) permit a licensee to

              offer ancillary or supplementary services on a designated

              frequency--

                    `(A) for which the payment of a subscription fee is

                  required in order to receive such services, or

                    `(B) for which the licensee directly or indirectly

                  receives compensation from a third party in return for

                  transmitting material furnished by such third party (other

                  than commercial advertisements used to support 
broadcasting

                  for which a subscription fee is not required),"

TTFN,
Mark



John Willkie wrote:

>Mark, in his most recent Tuesday Tribute, reported in part:
>
>"- The Federal Communications Commission (FCC) is reminding DTT broadcaster=
>s that, if they're using their channel for anything other than free-to-view=
> TV programming, they need to file with the commission by December 1:
>"
>
>Having read the public notice, with all due respect, I have to question why=
> Mark characterized supplemental and ancillary services as "anything other =
>than free-to-view TV programming"  Digital radio is not listed as an ancill=
>ary or supplemental service under 47 C.F.R. =C2=A7 73.624(g), nor under 47 =
>C.F.R. =C2=A7 73.624(b)  or 47 C.F.R. =C2=A7 73.624(g)()(i) through (ii).
>
>Were it me, I would have said "other than free-to-view programming",. but I=
> might have missed a definition somewhere that includes "digital radio" and=
> "data broadcasting" PER SE as supplemental and ancillary.  I take that bac=
>k -- ancillary never means broadcast, and broadcast means in the clear and =
>never includes Pay TV.
>
>John Willkie
>
>P.S.  It appears that the FCC will now -- belatedly -- destroy the "gatekee=
>per" business model of cable tv by permitting ala carte pricing.  Makes one=
> wonder what this portends for DTV must carry.  The Martin commission is no=
>t a clone of the Powell commission.
>
>
> 
> 
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