[opendtv] Re: Kennard and Powell to the rescue

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Tue, 13 Jan 2009 18:24:35 -0500

Even if not explicitly stated I think it is more to the point that the FCC would not allow now the single free SD stream in any form that could not be received and decoded by current digital TV's. If they couldn't find exact wording I'm sure they would invent some, and rightly so.


- Tom

John Shutt wrote:

----- Original Message ----- From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>


John;

Could you show me the language in the United States Code (which is what I so
badly alluded to) that mandates MPEG-2 transmissions of at least SDTV
quality?

Come on, John, you know perfectly well that the Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996, grants the FCC the authority to regulate "advanced television services." Specifically:

http://www.fcc.gov/Reports/1934new.pdf

47 U.S.C. 336(b): "[The Commission shall] (4) adopt such technical and other requirements as may be necessary or appropriate to assure the quality of the signal used to provide advanced television services, and may adopt regulations that stipulate the minimum number of hours per day that such signal must be transmitted; and (5) prescribe such other regulations as may be necessary for the protection of the public interest, convenience, and necessity."

We already went through those regulations, so there is no need to repeat that particular exercise. If it is your contention that the FCC exceeded their congressional mandate by issuing those rules requiring a single SD program, and adopting certain ATSC standards by reference, then that is a matter for the courts to decide.

As often as you caution your clients against being in violation of PSIP rules, I doubt you would recommend to your clients to broadcast a single SD program using MPEG-4 video compression to satisfy 73.624(b).

John




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