Chairman Tauzin

Staff Draft, H.R._________, Regarding the Transition to Digital Television

The House Committee on Energy and Commerce

W.J. "Billy" Tauzin, Chairman

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Download the Staff Draft, H.R._________, Regarding the Transition to Digital Television. (Adobe PDF Required)


Section-By-Section of Staff Draft, H.R._________, Regarding the Transition to Digital Television.

Section 1.          SHORT TITLE; TABLE OF CONTENTS

Section 2.          FINDINGS. 

Section 3.     ENSURE THE AVAILABILITY OF ANALOG TELEVISION SPECTRUM FOR FUTURE USES.  Removes the conditions that enable the FCC to extend the deadline within which television broadcasters are to cease analog television service.  Television broadcasters would be required to cease analog television service (and operate in digital) by December 31, 2006.  

Section 4.     PASS-THROUGH OF NETWORK DIGITAL SIGNALS.  Directs the FCC to establish a schedule by which network affiliates are to pass-through the high-definition signals provided by the network.   

Section 5.     DIGITAL TELEVISION BROADCAST FLAG RULEMAKING.   Directs the Commission to promulgate rules to require digital devices capable of receiving a digital signal to recognize the use of a broadcast flag by January 1, 2006, in order to prevent the unauthorized redistribution of marked digital terrestrial broadcast television content to the public over the Internet.   Directs the FCC to establish an expedited process, which may include self-certification, by which the FCC shall determine whether proposed content protection technologies satisfy the requirements of this section.  Directs the FCC to establish a set of objective technical criteria that: identify technology to protect digital broadcast television content and prevent transmissions to the public over the Internet; do not impose unnecessary or unreasonable burdens on product design or manufacture, or stifle innovation; protect the full functionality of consumer equipment manufactured prior to January 1, 2006; and to the maximum extent possible are technologically neutral, recognize and utilize multiple technologies that have been developed by private industry;  and takes into account advances in technology,  Directs the FCC to provide  for the termination of equipment with analog outputs by July 1, 2005.  Directs the FCC to ensure availability of news and public affairs programming by prohibiting the use of the broadcast flag with this content.  Ensures that content providers and manufacturers of equipment are free to incorporate  broadcast flag technology licensing terms (including compliance, robustness and encoding rules) that do not alter or diminish the functionality of consumer equipment intended for legal, noncommercial use; and that are not broader than necessary to prevent theft of services.  Provides an exemption for professional equipment.  Enables parties to petition the FCC to sunset the broadcast flag regulations if multiple technologies are available in the marketplace, and enforcement is no longer necessary for consumers.  Requires the FCC to conduct biennial reviews of its regulations in this area. 

Section 6.     PROHIBITION OF DUAL MUST-CARRY.  Tracks the FCC’s tentative conclusion that cable operators are not required to carry both the analog and the digital signal during the transition to digital television.   

Section 7.     APPLICABILITY OF MUST-CARRY REQUIREMENTS TO DIGITAL MULTICASTING.   To be supplied. 

Section 8.     DIGITAL TELEVISION CABLE COMPATIBILITY.   Directs the FCC to promulgate rules, within 120 days of enactment, to ensure nationwide interoperability with cable systems and nationwide portability of equipment sold as capable of providing digital television service when connected to a cable system.   Requires cable operators, by July 1, 2005, to transmit signals in accordance with technical standards accredited by ANSI that enable subscribers to receive, without a separate cable set-top box, basic and premium digital television cable programming in standard and high definition and simple pay-per-view standard digital programming if offered by the cable operator.  Requires cable operators by July 1, 2005 to make available to subscribers security PODs that are manufactured in accordance with standards accredited by ANSI. Requires all digital television display equipment to include digital interface connections, and ensure equipment is upgradeable.  This equipment is not required to be OpenCable Applications Platform (OCAP) compliant or compliant with any specification to provide two-way capability.  Regulations may permit a manufacturer of equipment to self-certify compliance with the regulations.  Ensures that the licensing terms (including compliance, robustness and encoding rules) that do not alter or diminish the functionality of consumer equipment intended for legal, noncommercial use; and that are not broader than necessary to prevent theft of service  and physical harm to the cable system. 

Section 9.     DIGITAL TELEVISION TUNER REQUIREMENT.  Affirms FCC  schedule to incorporate DTV tuners into devices.   

Section 10.   INTEGRATED CONVERTER-SECURITY BOXES.  Repeals FCC prohibition on MVPDs from providing new navigation devices that have security and non-security functions.

 Section 11.   CONSUMER NOTICE REQUIREMENT.  Requires that the Commission regulate conspicuous notifications to consumers of any apparatus that receives, records, or displays or navigates among television signals and to any recordings of protected works.  The equipment notices must disclose when the apparatus will not receive, record or display digital TV content.  The recording notices must disclose the classes of apparatus the will display the recording and the protection technologies that prevent such replay. Recordings of protected works include copyrighted video and its accompanying audio offered to the public 

 
 

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