[opendtv] Re: Rules which applied to CATV systems in the past

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 1 Jul 2014 09:24:35 -0400

On Jun 30, 2014, at 6:24 PM, Manfredi, Albert E <albert.e.manfredi@xxxxxxxxxx> 
wrote:

> 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." 

There was one more important “license” needed by CATV systems that attempted to 
wire more than a small rural community - the local franchise agreement, which 
made municipalities a partner in exchange for being able to access right of 
ways for the cables. As cable stated to add it’s own content these franchise 
agreements started to reserve cable capacity for local content of interest to 
the Franchising authority. Thus we now routinely see public access channels and 
coverage of  many public government meetings on cable systems.

The analogy of Aereo to the early CATV systems and building antenna systems 
falls apart once the content leaves the home…

Several analysts have noted that the next steep for the broadcasters is to try 
to shut down the Dish Hopper and technologies like Slingbox that allow 
individuals to use the Internet to watch “private performances” outside the 
home.

Regards
Craig 
 
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