[opendtv] Re: Kennard and Powell to the rescue

  • From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 13 Jan 2009 15:40:54 -0800

John Shutt pointed to the exact wording in FCC regulations.  I was speaking
of the Communications Act.  Funny that none of you seem to have spotted the
glaring inconsistency.  Hint: you need to review the legislative history,
not the Act.

John Willkie

-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Tom Barry
Enviado el: Tuesday, January 13, 2009 3:25 PM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: Kennard and Powell to the rescue

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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