Broadcasters Gut Digital TV Bill

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: September 23, 2004 10:07:21 AM EDT
To: Dewayne-Net Technology List <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Broadcasters Gut Digital TV Bill
Reply-To: dewayne () warpspeed com

Broadcasters Gut Digital TV Bill 
By Michael Grebb

Story location: 
<http://www.wired.com/news/politics/0,1283,65056,00.html>

02:00 AM Sep. 23, 2004 PT

WASHINGTON -- Two words.

 That was all it took to gut a bill introduced Tuesday by Sen. John 
McCain (R-Arizona) to force broadcasters to give back all of their 
beachfront analog TV spectrum by Jan. 1, 2009. The government would 
then give some of the spectrum to emergency workers and sell off the 
rest to telecommunications companies planning broadband wireless 
services.

 The Spectrum Availability for Emergency-Response and Law-Enforcement 
to Improve Vital Emergency Services Act -- or the Save Lives Act -- 
also would have provided a $1 billion subsidy to help those without 
cable, satellite or digital TV tuners pay for equipment that would 
enable them to go digital.

 In a markup of the bill in the Senate Commerce Committee on Wednesday, 
Sen. Conrad Burns (R-Montana), along with Sen. Ernest "Fritz" Hollings 
(D-South Carolina), successfully put forth an amendment erasing the 
2009 deadline favored by McCain. It also would require the broadcasters 
to give up just four 6-MHz channel slots in the UHF band (TV channels 
63, 64, 68 and 69).

 Under the amendment, which the committee passed in a 13-9 vote, the 
broadcasters wouldn't have to give anything back at all in a particular 
market if the Federal Communications Commission concluded that such a 
move would create a "consumer disruption" -- the two key words. Critics 
fear broadcasters could get that ruling in many markets.

 McCain blasted those two words as "clever language" inserted by 
lobbyists at the National Association of Broadcasters, or NAB. He said 
such broad terminology could be used by broadcast interests to 
perpetually block any return of spectrum. He also objected to the 
thwarting of the purpose of the bill, which was to give the spectrum to 
public safety agencies and emergency first responders.

 "In the Burns amendment, they have created a loophole a mile wide," 
said McCain, who repeatedly referred to it as "the NAB amendment" as 
NAB President Edward Fritts sat in the audience. "Consumer disruption 
is taking priority over moving people off the spectrum."

 Before the amendment passed, McCain supporters from both parties 
pleaded with committee members to vote it down.

 "The Burns amendment guts what we're trying to do," said Sen. John 
Ensign (R-Nevada). Sen. Barbara Boxer (D-California) said the amendment 
"nullifies the entire bill. Anyone with a heartbeat can read that and 
know that."

 But supporters said they were worried that the 2009 deadline didn't 
offer enough wiggle room for each local situation.

 "What you call a loophole we call flexibility," said Hollings.

 After the vote, McCain told reporters that he's not giving up: He will 
try to attach his 2009 hard deadline to other legislation related to 
the 9/11 Commission Report on homeland security.

 "There are just too many patriotic people here to let the loophole go 
forward," he said, arguing that the Burns amendment "seriously impairs 
our ability to act on the recommendations of the 9/11 Commission. It's 
very sad."

 The 9/11 Commission Report recommended that Congress do what it can to 
free up new spectrum for emergency first responders. Officials want to 
avoid a repeat of the situation on Sept. 11, 2001, in which several 
fire and police officials couldn't communicate adequately over radio 
during the terrorist attacks on the World Trade Center in New York 
City.

 Consumer advocates worry that the Burns amendment could allow 
regulators to water down the bill's original intent.

 "It definitely creates an opportunity for the FCC to not protect 
public safety," said Susanna Montezemolo, the legislative 
representative in Consumers Union's Washington office.

 Under current law, broadcasters don't have to relinquish their analog 
spectrum until 2007 or until after at least 85 percent of American 
households have the equipment to receive over-the-air digital TV 
signals, whichever comes last. But few expect Americans to reach the 
85-percent threshold for many years.

 After the markup, McCain said the Burns amendment actually creates a 
bigger loophole than the much-maligned 85-percent provision in the 
current law. McCain also accused broadcasters of "impairing the safety 
of Americans."

 NAB spokesman Dennis Wharton declined to comment on that assertion, 
but he pointed out that broadcasters have a strong record of reporting 
emergency information to viewers during disasters and severe weather.

 Said NAB's Fritts: "Today's vote balances the legitimate needs of 
public safety providers while limiting the disruption of local 
television service to millions of consumers."

 After Burns' amendment passed, he offered another amendment that would 
have created a grant and loan program for TV stations converting to 
digital. That prompted an already irritated McCain to ask, "Shall we 
pay Dan Rather's salary, too?"

 Burns later withdrew the amendment.

 In other action, the committee passed SB2145, the Software Principles 
Yielding Better Levels of Consumer Knowledge -- or Spy Block -- Act 
which is sponsored by Burns. The bill seeks to crack down on what many 
lawmakers see as an epidemic of spyware and adware clogging PCs across 
the country.

 Sen. Ron Wyden (D-Oregon) said lawmakers must "figure out how to come 
down with hobnail boots" on people who force spyware onto unsuspecting 
computer users.

 In June, the House Energy and Commerce Committee approved a companion 
anti-spyware bill, HR2929, the Securely Protect Yourself Against Cyber 
Trespass, or Spy Act.

 The full House and Senate could hold votes on the bills next week. 
Lawmakers hope to adjourn for the year Oct. 1.

Archives at: <http://Wireless.Com/Dewayne-Net>
Weblog at: <http://weblog.warpspeed.com>

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