FCC Faces Suit on Regulation of Digital Broadcast Television

[Dave Farber <dave () farber net>]

Electronic Frontier Foundation Media Release

FCC Faces Suit on Regulation of Digital Broadcast Television

Electronic Frontier Foundation Joins Other Organizations Opposing FCC Action

For Immediate Release: Tuesday, March 9, 2004
<http://www.eff.org/IP/Video/HDTV/20040309_eff_pr.php>

Washington, D.C. - The Electronic Frontier Foundation (EFF) joined five 
library associations, Public Knowledge, the Consumer Federation of America, 
and the Consumers Union in suing the Federal Communications Commission 
(FCC) last week to block overbroad regulation of next-generation 
televisions and related devices.

"The FCC's digital broadcast television mandate is a step in the wrong 
direction because it would make digital television cost more and do less, 
undermining innovation, fair use, and competition," said EFF Senior 
Intellectual Property Attorney Fred von Lohmann, "The FCC overstepped its 
bounds, unduly restricting consumers and manufacturers when it issued its 
broadcast flag ruling."

The Federal Communications Commission (FCC) ruled on November 4, 2003, that 
consumer devices capable of receiving broadcast digital television (DTV) 
signals must implement content control technologies demanded by the 
entertainment industry to restrict consumer uses of digital television. 
Left unchallenged, the "broadcast flag" mandate would go into effect by 
July 1, 2005.

The lawsuit, called ALA v. FCC, was filed in the Court of Appeals in 
Washington, D.C., and charges that the FCC exceeded its jurisdiction, acted 
in an arbitrary and capricious manner, and failed to point to substantial 
evidence in adopting a broadcast flag mandate.

The FCC has asked the court to put the lawsuit on hold, pending the FCC's 
decision on petitions to reconsider the broadcast flag mandate, although 
all of the petitions address unrelated matters. The coalition of 
organizations opposed in court the FCC's attempt to postpone the lawsuit.

-------------------------------------
You are subscribed as interesting-people () lists elistx com
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/