[opendtv] Re: DTV Delay Bill Introduced

  • From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Mon, 19 Jan 2009 14:40:26 -0800

Reasonable doesn't mean that it was a lawful, even constitutional, basis to
turn off analog transmitters, and wouldn't have survived the first court
test.

If they aren't ready now, after expending more than $2 billion in coupons
and transition assistance programs, just what makes you think they were
ready three years ago, before such programs were even considered? 

This is the exact opposite of "hindsight being 20/20."

John Willkie

-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Manfredi, Albert E
Enviado el: Monday, January 19, 2009 2:32 PM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: DTV Delay Bill Introduced

Craig Birkmaier wrote:

> The Balanced Budget Act specified that no analog broadcast license
> may be renewed beyond December 31, 2006. (143 Cong. Rec. H6032-H6033,
> adding new section 309(j)(14)(A) to the Communications Act). At the
> same time, Congress directed the FCC to extend that deadline in any
> television market:
>
> if any ABC, NBC, CBS, or Fox affiliate in that market is not
> broadcasting a DTV signal, assuming that the FCC finds that the
> station has exercised "due diligence" in trying to deploy DTV;
>
> if digital-to-analog converter technology is not generally available
> in the market; or
>
> if 15 percent or more of the households in the market do not
> subscribe to a multichannel provider (e.g., cable, MMDS, DBS) that
> retransmits at least one digital programming service from each DTV
> station in that market and those households do not have a digital
> television set or digital-to-analog converter.

That's exactly right:

http://law.onecle.com/uscode/47/309.html

The last part, where the subscribers to cable and DBS were included in
the 85 percent figure, was an intelligent intepretation introduced by
the Michael Powell FCC, as I recall. It allowed the previous 85 percent
criterion to be met instantly, as 85 percent of US households at the
time were already subscribers of at least one of the MVPDs. So they
could already receive the "digital TV program" of the four major
networks.

Bert
 
 
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