[opendtv] Re: Fwd: {Disarmed} [Fwd: {Disarmed} [cbaloop] LPTV Industry Files Suit Today To Stop Distribution of Illegal DTV Converter Boxes]

There have been three different heads of the NTIA in the last year. Maybe
each one discovers that the position is all about being the fall person when
the stuff hits the fan.

Bob Miller

On Thu, Mar 27, 2008 at 9:06 AM, Craig Birkmaier <craig@xxxxxxxxx> wrote:

> At 9:42 PM -0400 3/26/08, Tom Barry wrote:
> >It would seem to me that the very fact the lptv stations do not
> >currently have must-carry shows law and precedent for treating them
> >as less than full stations, with less than full rights of protection.
> >
> >Meanwhile, the digital TV transition is not exactly a well kept
> >secret or a surprise to folks in the TV business.  I'm not a lawyer
> >but would be very surprised if the lptv folks prevailed in this and
> >managed to get either more must-carry rights or any sort of delay in
> >the transition for everybody else.
> >
> >Though I do think ATSC converter manufacturers should be strongly
> >encouraged to include written instructions about scenarios for using
> >an A/B switch or VCR to optionally select analog reception as
> >needed. These same should also be offered on the coupon web site.
>
>  From a legal standpoint, I believe that the CBA has a very strong case.
>
> The FCC relied HEAVILY upon the All-Channel Receiver Act as the
> foundation for their decision to mandate the inclusion of ATSC tuners
> in TVs. This act requires that TVs include tuners for ALL broadcast
> services in the VHF and UHF bands.
>
>  From the discussion in the report and order mandating DTV tuners:
>
> http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-230A1.pdf
>
> 25. We also observe that the legislative history of the ACRA is not
> inconsistent with our
> action to require DTV reception capability in TV receivers. Inasmuch
> as DTV stations are
> assigned to VHF and UHF channels, rules requiring TV receivers to be
> able to receive all DTV
> channels are consistent with the intent of Congress in enacting the
> ACRA, i.e., to provide the
> Commission with the authority to require that television receivers be
> equipped at the time of
> manufacture to receive all television channels in the allocated
> television broadcast bands (which
> at the time of passage were found in both the VHF and UHF bands).45
> Nothing in either a plain
> language reading of the ACRA or the legislative history suggests that
> the ACRA would no
> longer apply if the Commission were to change the transmission
> technology used for television
> service.
>
> Note two aspects of the FCC rationale:
>
> 1. Authority to require DTV tuners is based in the fact that these
> new stations are in the UHF and VHF bands covered by the ACRA.
>
> 2. "the authority to require that television receivers be equipped at
> the time of
> manufacture to receive all television channels in the allocated
> television broadcast bands"
>
> Clearly the law requires tuners for all existing services at the time
> of manufacture of the device. Thus the omission of analog tuners in
> the NTIA set-top boxes violates the ACRA. This is true now while full
> power broadcasters are simulcasting, and it will remain true as long
> as the FCC authorizes ANY analog service in these bands.
>
> Looks like an easy case to me.
>
> There was no valid reason NOT to include analog tuners in these boxes
> (the NTIA cited cost, but in some cases it may have cost MORE to
> delete the analog tuner capability). The folks at the NTIA should
> have know better, ESPECIALLY since they were ALSO responsible - under
> the SAME ACT - to administer a program to provide translators with
> DTV convertors so that these analog translators would continue to
> function after full power broadcasters turn of their analog
> transmitters.
>
> It is NOT the responsibility of the CBA, or any group for that
> matter, to monitor the actions of government agencies to make certain
> they are complying with the laws of the land. Furthermore, the CBA
> has negotiated with the FCC and NTIA in good faith to resolve this
> issue; these agencies SHOULD HAVE recognized the problem they created
> and acted immediately. They DID NOT, which leave the CBA with no
> alternative but to pursue the legal action.
>
> Regards
> Craig
>
>
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