[IP] Broadcasters Gut Digital TV Bill
Begin forwarded message:
From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Date: September 23, 2004 10:07:21 AM EDT
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Broadcasters Gut Digital TV Bill
Reply-To: dewayne@xxxxxxxxxxxxx
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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