# 'Primary Video Channel' Rule Gets FCC Blessing



## obrienaj (Apr 8, 2004)

'Primary Video Channel' Rule Gets FCC Blessing

Fri Feb 11, 4:09 AM ET Entertainment - Reuters TV 


By Brooks Boliek 

WASHINGTON (Hollywood Reporter) - The Federal Communications Commission (news - web sites) voted 4-1 on Thursday to reject broadcasters' attempts to require cable operators to carry their entire digital TV offering whether it is a single HDTV program or several standard-definition programs. 



By rejecting the request, the government agency upheld its 2001 decision that cable operators are obligated to carry only a broadcaster's "primary video channel" -- the digital offering that most resembles their current product. Since then, broadcasters have sought to get the commission to change its mind. But that attempt fell on deaf ears as two commissioners cited the industry's stubborn refusal to accept specific public-interest requirements in the digital age. 


Commissioner Jonathan Adelstein, a Democratic appointee, said he decided to support the decision after broadcasters refused to accept specific public-interest requirements in exchange for a regulation that would require cable operators to carry multiple digital streams. 


"When I call upon the industry to do more and they don't, there are consequences," he said. "And we are seeing one of those consequences here today." 


Although Adelstein was upset with broadcasters for their intransigence, he said his vote shouldn't be viewed as payback. 


"I don't see it that way at all," he told reporters after the meeting. "To the extent they don't cover what's going on in campaigns, they don't give the public the benefit of what's happening in their communities, they can't expect the government to confer major benefits upon them that presuppose that they were doing something for the public that goes beyond the call of duty." 


The decision to support the regulation was made easier for Adelstein and the other Democrat on the commission, Michael Copps, because it commits the commission to making a public-interest ruling by year's end, though both Adelstein and Copps expressed concern over the timing. They argued that the decision on multicast "must carry" should have been made after a host of other decisions regarding the switch to digital TV. 


"Today, we manage to get some assurance that the public-interest items will be called up soon and hopefully completed before the year is out," Copps said. "These are items pertaining to disclosing a station's public file on the Internet and the even more important proceeding regarding the general responsibilities of television broadcasters in the digital era -- something on which the presidential advisory committee spent a lot of time and effort and also something which a host of public-spirited groups have been advocating for years." 


FCC (news - web sites) chairman Michael Powell disagreed. Broadcasters asked the commission to reconsider the item and, when it appeared that the commission was taking too long, went to court to compel them to act, he said. He defended the decision, arguing that there was no basis in law to grant broadcasters the new privilege. 


"While, admittedly, lawyerly wordsmiths can argue what 'primary' means, it clearly evidences intent to restrict or limit the video that must be carried," Powell said. "If some video is primary, it necessarily follows that some is secondary. The view urged by broadcasters that primary video includes all their video streams without limitation proves too much and, to my mind, effectively strikes the restriction from the books." 


Commissioner Kevin Martin, who cast the lone vote against the regulation, worried that it would keep broadcasters from investing in the switch. 


"By denying cable carriage to all but one of the potential broadcast streams, this order effectively prevents any broadcaster relying on 'must carry' from investing in multiple programing streams," he said. "The burden on cable of a requirement to carry these multicasted channels ... would be significantly less than it was in the analog world, thanks to compression technology and dramatically expanded cable capacity." 


Cable industry officials said the ruling upholds cable operators' free speech rights. 


"The FCC has reaffirmed that cable providers should have the right to determine the mix of programing that will best serve their diverse customer base, and that government should not make that choice for them," Comcast chairman and CEO Brian Roberts said. "This is a fair and reasonable decision that is right on constitutional grounds and right for consumers. As a result of free-market negotiations with broadcasters, Comcast is continually adding multicast services that bring value to our customers." 


Although broadcasters were handed a defeat, they vowed to continue the fight. 


"In Washington, there are no final victories and no final defeats," said Eddie Fritts, president and CEO of the National Association of Broadcasters. "We salute Commissioner Martin for recognizing the importance of providing additional programing choices for consumers. NAB will be working to overturn today's anticonsumer FCC decision in both the courts and in Congress. We look forward to the fight because consumers deserve more. And broadcasters will continue to serve our communities because that is what local stations do best." 


Reuters/Hollywood Reporter


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