[mythtv-users] FCC Broadcast Digital Channel Requirements

[R. G. Newbury]

David Schlenk wrote:
> On Fri, Aug 22, 2008 at 1:22 PM, Chase Douglas <chasedouglas.lists at gmail.com
>> wrote:
> 
>> On Aug 22, 2008, at 2:16 PM, Phil Bridges wrote:
>>
>>> On Fri, Aug 22, 2008 at 2:06 PM, Chase Douglas
>>> <chasedouglas.lists at gmail.com> wrote:
>>>> Hello all,
>>>>
>>>> It was my understanding that the FCC requires cable companies to
>>>> transmit, unencrypted, all local broadcast channels over their cable
>>>> network. For instance, I have the Time Warner Basic Cable package in
>>>> Columbus, OH that gives me access to most of the analog channels.
>>>> Although I have not ordered any digital package, I have also been
>>>> able
>>>> to receive the digital versions of the local ABC, CBS, FOX, NBC, PBS,
>>>> and The CW channels. I just realized today that I can no longer
>>>> receive FOX or ABC. Interestingly, they both are subchannels of the
>>>> same ATSC channel. I called up the Time Warner Cable support line,
>>>> and
>>>> I was told that because I do not have any digital package I should
>>>> not
>>>> be receiving any digital channels.
>>>>
>>>> First, am I correct in my assumption that the FCC requires cable
>>>> companies to transmit local broadcast channels in all circumstances,
>>>> analog and digital? Second, if that's true, does anyone know of where
>>>> I can find the FCC regulations stipulating this in case I have to
>>>> lodge a formal complaint?
>>>>
>>> Are you sure they haven't just remapped the channels?  Comcast is bad
>>> about doing that in my neck of the woods.
>> I am fairly certain as I have had my TV rescan for digital channels
>> and I no longer receive FOX and ABC while I do still receive all the
>> other channels. In fact, I think this all began because they realized
>> they weren't encrypting Universal HD. I no longer receive that channel
>> unencrypted, but that's fine with me as I'm not paying for it.
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>>
> 
> IANAL but I think they only have to transmit it in the clear if you
> subscribe to that service. So since you aren't paying for a digital plan,
> just an analog one, they are required to transmit the local analog channels
> that you pay for in the clear, but have no responsibility to provide you
> with the digital ones since you are not paying for them. For example, I used
> to have Comcast's poor man's plan - $10 but you get $15 off your internet if
> you have it (so a net of $5 savings). It had local channels and like WGN or
> something. The trap on the line for that package blocks the high channels
> where their HD local channels live, but if I wanted to get those I could pay
> an extra $7 a month to get those. And then they'd have to be in the clear.
> 

US Consolidated Federal Regulations  47 CFR 76.56(d)(1) at:

http://edocket.access.gpo.gov/cfr_2007/octqtr/pdf/47cfr76.56.pdf


(d) Availability of Signals. (1) Local commercial television stations 
carried in fulfillment of the requirements of this section shall be 
provided to every subscriber of a cable system. Such signals shall be 
viewable via cable on all television receivers of a subscriber which are 
connected to a cable system by a cable operator or for which a cable 
operator provides a connection.

If the OP wants to raise some hell with the supplier he can refer them 
to 76.1614 which according to the note on 76.56 says: Section 76.1614 
provides response requirements for a cable operator who receives a 
written request to identify its must-carry signals.

I read this portion of 47 CFR 76 as requiring unencrypted broadcast of 
'must-carry' stations. Must-carry stations are the local broadcast 
stations with the local area for the cable system. And since the local 
station DOES broadcast in digital OTA HD, then you should get digital HD 
on the cable, notwithstanding that otherwise, you receive analog only 
signals.

But they might disagree. THEN write to the FCC.

Geoff