By David Hatch
(Tuesday, May 8) LAS VEGAS -- Highlighting the challenges of the digital television transition, a Commerce Department official said that an FCC initiative governing cable carriage of digital broadcast signals may raise thorny First Amendment issues.
John Kneuer, the chief of Commerce's National Telecommunications and Information Administration, said at a panel discussion of The Cable Show here that the proposed rules, which are strongly opposed by the cable industry, might interfere with the transition if introduced "at this juncture." The transition deadline is Feb. 17, 2009.
The FCC unanimously adopted the tentative rules April 25. Spearheaded by FCC Chairman Kevin Martin, a Republican, the proposal could result in cable systems being forced to carry up to three versions of broadcast signals to accommodate customers. The agency is now seeking public comment before adopting any final regulations.
Under that "triple carriage" approach, a single TV outlet might be offered in a down-converted format for viewing on analog sets, in standard definition for display on low-resolution SDTV sets, and in high definition for viewing on pricier HD sets. The cable industry said it will ensure access to digital broadcast signals but considers government mandates unnecessary and unconstitutional.
Following his appearance on a panel, Kneuer insisted that he was merely making an "observation," was not raising concerns, and did not intend to suggest a link to the transition. Nevertheless, he told reporters that the FCC should "be thoughtful about this in terms of the constitutional issues," which he described as contentious.
"Any examination of must-carry has always brought with it arguments and concerns over various constitutional issues," Kneuer said. "Entering into a heavy First Amendment debate in an area where more certainty, rather than less, would be good, is something I would think about if I were in their position."
He said industry stakeholders require as much "certainty" about regulations as possible "from now through the transition."
Interviewed here late Monday, Martin said the proposed cable-carriage regulations would minimize the transition's impact. "Fifty percent of cable homes today are still analog cable homes," he said. "Without us clarifying what the rules would be, it's not clear that all of those homes would still have access to the broadcast signals after that digital transition."
During another session here, top staffers to Democratic FCC members Jonathan Adelstein and Michael Copps sounded more alarm bells about the changeover. "We have just one chance at this. This is not a drill," said Rick Chessen, a senior adviser to Copps, who wants the transition to be treated as a "national priority."
Chessen noted that many broadcasters have tasks to accomplish by 2009, such as constructing new transmission towers and filing FCC paperwork. Adelstein fears a "tsunami of complaints" if the public is not adequately educated, adviser Rudy Brioche said.
Meanwhile, FTC member Jon Leibowitz, a Democrat, said his agency would monitor retailers to ensure that they are disseminating accurate and thorough information about DTV equipment options. The agency plans to target stores selling analog sets without government-required labels warning of their obsolescence.
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