[opendtv] Re: 20050627 Mark's Monday Memo
- From: Tom Barry <trbarry@xxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Fri, 01 Jul 2005 19:46:07 -0400
Multi-must-carry mandated by the FCC would be highly questionable. But
I'm not so sure about Congress. Didn't the Supreme Court just (in a
totally unrelated case) just rule favorably for a taking of property
even for commercial purposes by municipalities?
We live in a strange political climate so some of this is very
unpredictable. I would personally say that MMC is an unlawful taking of
property but I certainly would not bet the farm on it against the
current (or next) Court.
- Tom
John Willkie wrote:
> i doubt that Congress will be able to bribe broadcasters with the currency
> you speak of. The constitutionality of must-carry is shaky; more so with
> "multi-must carry." Broadcasters know the issue as well; it's hard for me
> to see they'll see value in the "bribe."
>
> John Willkie
> ----- Original Message -----
> From: "Tom Barry" <trbarry@xxxxxxxxxxx>
> To: <opendtv@xxxxxxxxxxxxx>
> Sent: Friday, July 01, 2005 4:40 AM
> Subject: [opendtv] Re: 20050627 Mark's Monday Memo
>
>
>
>>
>>John Willkie wrote:
>>
>>>Gee, Tom; that will be quite unique for the NAB to assert. In it's
>
> entire
>
>>>history, the only time it ever characterized any broadcasters as
>
> victims --
>
>>>(not a new tack with some on this list) -- was the AM folks affected by
>>>Cuba's attempt to jam Radio Marti; and even then, it was limited, and
>
> after
>
>>>years of discusison.
>>>
>>>I love watching panty-twisting. But, when will it result in real fun: a
>>>train wreck?
>>>
>>
>>My own guess is it will happen AFTER Congress sets a hard date for
>>turn-off but BEFORE that actual date. Of course this schedule is vague
>>and unlikely to happen in the next year or so. All this might be
>>forestalled by bribing the broadcasters with multi-must-carry (or money
>>somehow) to get them off the channels.
>>
>>Look first for vague concerns from the NAB that no one seems to be
>>responding properly to their RFP for some reason. Then they can suggest
>>that maybe functional receivers are not as available as claimed followed
>>by questions on how things got this way and what to do about it. This
>>could be followed by allegations of mis-representation and possible
>>testing fraud if it goes far enough. The broadcasters would have the
>>power to push all this, but that is just one possible scenario in a
>>bargaining tree.
>>
>>- Tom
>>
>>
>>
>>>John Willkie
>>>----- Original Message -----
>>>From: "Tom Barry" <trbarry@xxxxxxxxxxx>
>>>To: <opendtv@xxxxxxxxxxxxx>
>>>Sent: Thursday, June 30, 2005 7:57 PM
>>>Subject: [opendtv] Re: 20050627 Mark's Monday Memo
>>>
>>>
>>>
>>>
>>>>Bob Miller wrote:
>>>>
>>>>
>>>>>You are starting to hear the NAB talk more about the need for
>
> adequate
>
>>>>>receivers and the break between the NAB and the CEA is getting
>
> deeper.
>
>>>>>Maybe it will happen sooner. But once broadcasters see others using
>
> TV
>
>>>>>spectrum to broadcast mobile and or they are denied must carry of
>>>>>multicast I think things could go ballistic.
>>>>
>>>>Yep. I believe the NAB has all the ammo they need to cause a scandal
>>>>about 8vsb and probably even blame it on the CE guys. But I don't think
>>>>the timing is still quite right since they can safely just sit on the
>>>>spectrum for awhile yet without having to eat their children. This will
>>>>mostly keep the mobile guys off it for some time, and may give the NAB
>>>>members some bargaining power for either multiple carry or other bribes.
>>>>
>>>>But eventually the broadcasters can point to the FCC letters of their
>>>>early 8vsb objections and claim they were fraudulently pressured into
>>>>accepting something that can't really work as claimed. I think it is
>>>>just a matter of time. (and more time, and ...)
>>>>
>>>>- Tom
>>>>
>>>>
>>>>
>>>>
>>>>>Tom Barry wrote:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>>Bob Miller wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>>It emphatically does not have to be made to work. We have been
>
> "making
>
>>>>>>>it work" unsuccessfully now for years. We could petition Congress to
>>>>>>>change the modulation. If all broadcasters and many like ourselves
>
> did
>
>>>>>>>that it would happen. Congress is operating in an information vacuum.
>
> I
>
>>>>>>>saw that a few weeks ago when I confronted Congressman Barton on the
>>>>>>>need for a decent receiver.
>>>>>>>
>>>>>>>He was totally convinced that there was NO problem. That is what
>>>>>>>manufacturers tell him because manufacturers think that is what he
>>>
>>>wants
>>>
>>>
>>>>>>>to hear. It was the same back in 2000. No one tells Congress what is
>>>
>>>the
>>>
>>>
>>>>>>>reality.
>>>>>>
>>>>>>
>>>>>>Actually I believe that eventually broadcasters will tell the truth to
>>>>>>Congress about how well 8vsb does or does not work. They are probably
>>>>>>laying the groundwork for it now, but will wait a bit. It seems
>
> fairly
>
>>>>>>likely to me that if we ever get within about 12 months of the time
>
> when
>
>>>>>>broadcasters have to give back their spectrum that will be the time
>
> when
>
>>>>>>broadcasters will start officially claiming we need something better
>>>>>>than 8vsb. And they will be believed, with quite a stink.
>>>>>>
>>>>>>- Tom
>>>>>>
>>>>>>
>>>>>
>>>>>You are starting to hear the NAB talk more about the need for adequate
>>>>>receivers and the break between the NAB and the CEA is getting deeper.
>>>>>Maybe it will happen sooner. But once broadcasters see others using TV
>>>>>spectrum to broadcast mobile and or they are denied must carry of
>>>>>multicast I think things could go ballistic.
>>>>>
>>>>>Bob Miller
>>>>>
>>>>>
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