[mythtv-users] What FCC ruling requires OTA digital unencrypted?

Peter Watkins peterw at tux.org
Fri Jul 28 17:26:19 UTC 2006


On Fri, Jul 28, 2006 at 09:24:51AM -0700, Mike wrote:
> > 	According to what I've read around here, the FCC ruling requires
> > that OTA-receivable signals are provided unencrypted, no?  Can anyone cite
> > chapter and verse of the ruling that requires it so I can go bust some
> > heads with tech support?

> From what I remember after reading it a loooong time back. There isn't a
> ruling that says they have to broadcast unencryped QAM for OTA channels. I
> could be wrong as I am no legal person or maybe I was reading the wrong
> thing. But I'd be interested in anybody pointing out exactly where it says
> they have to do this without encryption. I seem to recall it had more to
> do with analog stuff in the 80's than it had to do with anything digital.

Talking to an FCC consumer rep (http://www.fcc.gov/cgb/consumers_contacts.html)
I've come up with this document:
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-27A1.pdf
(from 2/23/05 on http://www.fcc.gov/dtv/) which states that cable providers
don't have to carry *any* digital signal from an OTA if they carry/retransmit
the old standard def analog OTA signal.

This doesn't answer the question of whether the cable provider is allowed 
to encrypt an OTA that they do retransmit (the argument for not requiring them
to carry digital + analog is to save bandwidth; I'd think if the cable 
provider is carrying the digital OTA content in QAM, the bandwidth issue
is moot and the contentr, morally, should be unencrypted).

Maybe some other American citizen could call them and ask for clarification
on that point? The phone number is 1-888-CALL-FCC (TTY 1-888-TELL-FCC).

[I think there may be a legal argument that OTA broadcasters could levy 
against the cable providers here: if the cable provider is retransmitting
digital OTA in encrypted QAM, then the cable provider is trying to force
customers to pay higher fees (at least leasing a decrypting QAM tuner) in
order to watch what should be free OTA -- the cable provider could be seen
as "stealing" the OTA content and earning revenues that should be at the
very least shared with the OTA broadcaster.]

-Peter



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