[opendtv] Re: Twang's Tuesday Tribune (Mark's Monday Memo)2004April20
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Mon, 26 Apr 2004 10:09:26 -0400
At 9:21 AM -0400 4/23/04, John Shutt wrote:
>Frank,
>
>I must take exception to this statement. OTA DTV broadcasters CAN NOT use
>free spectrum for mobile wireless data or multimedia services.
>
>The FCC and Congress made it very clear that if a broadcaster uses his/her
>spectrum for any purpose other than free services, then 10% of the gross
>revenues must be paid to the Government.
>
>True, it's not a one time purchase of spectrum, but it is an ongoing revenue
>stream to the Government.
>
>John Shutt.
Just a nit, but it is only 5%.
Furthermore, if the service is offered in the free & clear, it will
be easy to argue that this is just another broadcast service. I
discussed this with FCC commissioners and communications lawyers at
the time the order was issued. What's the difference between a PID
with an ATSC approved format delivering a TV channel and a PID with a
low resolution streaming video of the same content targeted at a
mobile audience?
The important language in the FCC order relates to the use of the
ancillary bits to sell subscription services. If you are charging
money for the service you must give the government 5%. If you give it
away, it is open to interpretation.
Regards
Craig
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