[opendtv] Rules which applied to CATV systems in the past
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Mon, 30 Jun 2014 22:24:16 +0000
Here's what I'm talking about, wrt a need for a license from the TV networks.
Note how in the early, days, before these CATV nets had their own non-OTA
content, only the FCC needed to give the okay. I don't see any mention of the
CATV system having to obtain permission from the networks?
To get the dates about right, proper MVPDs didn't start until the 1970s, mostly
late 1970s. Before then, we're talking about relaying FOTA content. So it seems
to me that the main "license" to operate had to do with getting FCC approval,
and that was only VERY LATE in the game (1965). CATV systems had been operating
since the 1950s, with no such restrictions from FCC or anyone else.
My claim is that Aereo is similar to THESE systems, or the even less
controversial building antenna systems, far more than Aereo would be similar to
an MVPD. The FOTA TV broadcast signals are not being used to help lure people
into lucrative proprietary walled gardens, as they are in MVPD nets. The TV
broadcast signals are used "as is."
Bert
---------------------------------
http://www.fcc.gov/encyclopedia/evolution-cable-television
The Federal Communications Commission first established rules in 1965 for cable
systems which received signals by microwave antennas. In 1966, the Commission
established rules for all cable systems (whether or not served by microwave).
The Supreme Court affirmed the Commission's jurisdiction over cable in United
States v. Southwestern Cable Co., 392 U.S. 157 (1968). The Court ruled that
"the Commission has reasonably concluded that regulatory authority over CATV is
imperative if it is to perform with appropriate effectiveness certain of its
responsibilities." The Court found the Commission needed authority over cable
systems to assure the preservation of local broadcast service and to effect an
equitable distribution of broadcast services among the various regions of the
country.
In 1972, new rules regarding cable television became effective. These rules
required cable television operators to obtain a certificate of compliance from
the Commission prior to operating a cable television system or adding a
television broadcast signal. The rules applicable to cable operators fell into
several broad subject areas -- franchise standards, signal carriage, network
program nonduplication and syndicated program exclusivity, nonbroadcast or
cablecasting services, cross-ownership, equal employment opportunity, and
technical standards. Cable television operators who originated programming
were subject to equal time, sponsorship identification and other provisions
similar to rules applicable to broadcasters. Cable operators were also
required to maintain certain records and to file annual reports with the
Commission concerning general statistics, employment, and finances.
In succeeding years, the Commission modified or eliminated many of the rules.
Among the more significant actions, the Commission deleted most of the
franchise standards in 1977, substituted a registration process for the
certificate of compliance application process in 1978, and eliminated the
distant signal carriage restrictions and syndicated program exclusivity rules
in 1980. In 1983, the Commission deleted its requirement that cable operators
file financial information. In addition, court actions led to the deletion of
pay cable programming rules in 1977.
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