Re: Cable, HDTV and Must-Carry

The over air stations that cable TV carries as part of "Basic

> Service" also broadcast HDTV signals (unencrypted) that should
> according to the FCC regs be carried as part of "Basic Service"
> in-the-clear by Comcast. U agree or not?
> - RM

Not.

I assume that:

- By "HDTV" you mean either 1080i or 720p.

- By "in the clear" you mean that the CATV company delivers to each subscriber an exact digital replica of the HTDV digital stream that it receives from the station's transmitter.

- You are referring to the primary-channel DTV stream (not a subchannel) of a "local commercial television station" (as defined in 47 CFR 76.55(c)) which also transmits a simultaneous analog signal.

Under these assumptions:

- Current FCC regulations applicable to mandatory carriage ("must- carry") do not require a CATV to carry the HDTV stream, even if said regulations require carriage of the analog signal.

- Carriage of the HDTV stream pursuant to a retransmission- consent agreement between the station licensee and a CATV is subject to the terms of the agreement, not FCC regulation.

Given the history of the FCC's experience with must-carry, I can understand its reticence. Historically, every must-carry rule that the FCC has promulgated on its own motion (without specific Congressional authority) has been swatted down by the courts.

The FCC's current must-carry rules were authorized by Congress, but even then, they just barely survived court challenge. The case went all the way to the Supreme Court, which upheld them in a fractured 5-4 decision.

c.f.

That URL points to 76.55 ("Definitions applicable to the must-carry rules"), not to the actual rules. The actual rules are at 76.56 ("Signal carriage obligations").

"Congress is monitoring the changes in the television
> and broadcast industry closely. In addition to watching
> the potential for debate surrounding FCC's must-carry
> rule, several representatives are hoping that broadcasters
> convert quickly, so they can auction off the spectrum now
> used for analog broadcasts. ..."
> -

formatting link

Congress is indeed "monitoring" the situation, but they don't seem to be doing much about signal carriage rules.

Effective February 17, 2009, all full-power broadcast stations must cease analog broadcasts and convert to digital exclusively. Under current law, CATV companies will then be required to carry only the primary-channel digital stream, but they will not be required to carry subchannels. The FCC is considering imposing mandatory carriage for all subchannels ("multicasting"), but it hasn't taken formal action.

Neal McLain