[opendtv] Re: Fwd: {Disarmed} [Fwd: {Disarmed} [cbaloop] LPTV Industry Files Suit Today To Stop Distribution of Illegal DTV Converter Boxes]
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Thu, 27 Mar 2008 09:06:01 -0400
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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