Digital TV Switchover Looking Like Massive Confusion-Generation Plan

from the rabbit-ears dept

The switchover from analog to digital broadcast TV signals, on tap for February, has been publicized for some time and the necessary converter boxes for older TVs have been made available relatively easily and cheaply. But concerns that the FCC wouldn't be able to manage the transition are looking well-founded. After an earlier test in Wilmington, N.C., that threw off warning signs about the nationwide reaction to the switch, further tests are being carried out across the country, in hopes that the tests will give people an idea if their DTV gear is working, or reinforce to the estimated 19 million Americans who need the converters that the deadline is coming. But the tests themselves are causing plenty of confusion: one writer notes that the test in her area generated both passing and failure messages on different channels, suggesting a problem with the stations, rather than her equipment. The failure messages came despite the TV getting its signal from DirecTV, when the FCC's been saying all along that people connected to cable or satellite don't need to do anything. Again, just an estimated 19 million Americans still get their TV directly from the over-the-air broadcast signals, so a fairly small chunk of the population should be affected by the switchover. But you get the feeling the FCC's feeble education campaign won't prevent confusion for many, many more.

Filed Under: confusion, digital tv
Companies: fcc

FCC Search Page Goes Five Full Years Without An Update

from the nice-work dept

Congrats to the FCC -- supposedly the most tech savvy of gov't agencies, for going a full five years without updating its website search. Jerry Brito, who has been watching the FCC's website for quite some time, and noting how awful it is for a tech-related agency, points out that the search page was last updated on December 11, 2003. Of course, that's not the biggest problem. As Brito notes, the docketing system has tremendous problems for an agency that needs to be more transparent: "there is no full-text search, there are no data feeds, and their robots.txt file is set to exclude search crawlers." Of course, when the agency is run by a guy famous for secrecy and purposely hiding information to get his way, perhaps it's no surprise that the search function has gone neglected.

Filed Under: fcc, transparency, website
Companies: fcc

Congress Slams Kevin Martin For Abuse Of Power

from the good-thing-they-waited-until-he-was-done dept

FCC boss Kevin Martin is nearing the end of his tenure at the FCC, looking ready to jump into a lucrative industry job or (some have speculated) explore the possibility of running for elected office. We've been among his many critics over the year -- specifically for his rather blatant efforts to side with the telcos, even when his views are exactly the opposite for telcos when compared to cable companies. The worst, however, may have been his awkward attempt to not just bury an analysis that showed that a la carte cable would be more expensive -- but to come out with a totally different report claiming the opposite.

Congress has now released a report slamming Martin for widespread abuses of power during his chairmanship, noting his efforts to force the FCC to bury the original report and publish the new report. He ordered the group to rewrite the report with the opposite findings and demoted the guy who wrote the original report. The Congressional report also noted that Martin had failed to properly oversee various telco slushfunds. You know all those extra "fees" the telcos charge? Basically it all goes into a big fund controlled by the telcos (not the gov't) with almost no oversight. The Congressional report specifically dings Martin for his oversight (or lack thereof) of the Telecommunications Relay Service Fund. Apparently, Martin ignored plenty of evidence that the telcos were overcharging, and let them just keep collecting. And, on top of that the FCC did little to actually audit the program.

It's also worth noting that Congress decided to release the report without holding hearings, noting: "due to the climate of fear that pervades the FCC...we found that key witnesses were unwilling to testify or even to have their names become known." Good thing they got that figured out just about a month before he's leaving office...

Filed Under: a la carte, abuse of power, congress, kevin martin
Companies: congress, fcc

Senate Guts Broadband Data Bill

from the not-so-special-after-all dept

You may have heard recently about the new Broadband Data Improvement Act, passing through Congress, as it basically put into law what the FCC had already decided: the cutoff for what should be considered broadband needed to be raised, and the data collection methods for broadband penetration needed to be updated, from the clearly bogus methodology it currently uses.

Sounds good, right?

Except, as Broadband Reports lets us know, in moving from the House to the Senate, some Senators took the opportunity to gut the bill of most of its important parts. That is, it took away all funding for the FCC to actually measure broadband penetration in the US and took away the mandate to create a broadband penetration mapping solution. In other words, the Broadband Data Improvement Act has removed the ability for the FCC to improve broadband data.

Now, you could argue that the FCC shouldn't be wasting money on measuring this sort of stuff, but if you happen to believe that broadband is critical infrastructure these days, and an enabler of many other industries that drive economic growth, you can make a reasonable argument for why the government should have accurate data on broadband penetration, to make sure that we're not falling too far behind other countries.

Filed Under: broadband, broadband penetration, data collection, fcc
Companies: fcc

Radio Companies Try To Force Satellite Radio Devices To Play HD Radio Too

from the let-us-tag-along! dept

Well, the terrestrial radio companies failed to stop the XM-Sirius merger from a happening with a rather ridiculous campaign against the merger, but that doesn't mean they can't continue to try to cause problems. The latest is that they've convinced Representative Ed Markey to introduce legislation requiring all satellite radio devices to include the ability to play HD Radio (terrestrial radio's attempt to provide a better quality product to compete with satellite). The FCC had just begun investigating whether or not such an HD Radio mandate made sense, but apparently Markey can't wait and is pushing to have the mandate pushed through as law before the FCC can study the issue. Is it worth mentioning that the NAB, the lobbying arm of the terrestrial radio stations (and the group that resorted to all sorts of questionable actions in trying to prevent the Sirius-XM merger), is one of Markey's biggest campaign contributors? Oh, and that XM CEO Mel Karmazin contributed to Markey's campaign back in 2001 (when Karmazin worked for Viacom), but apparently hasn't contributed more recently? Feel free to express your thoughts on the bill with this voting widget (if you're reading in RSS, click through to see it):

Filed Under: ed markey, hd radio, mandates, mel karmazin, satellite radio
Companies: fcc, nab, sirius, xm

What's The Harm In Undisclosed Product Placement?

from the who's-hurt? dept

Back in June, we mentioned that the FCC was exploring whether or not to require any product placement be more clearly labeled. This didn't make much sense, as we couldn't see who was "harmed" without the disclosure and who was helped by it. It basically treats most people as if they're idiots who can't take into account that products seen on TV may have been paid for placement. It appears that Adam Thierer agrees, and has filed comments with the FCC questioning the wisdom of such a move. While some may insist that Americans are being "tricked" by this, it would seem like there should be some proof that there's actual harm before we go about regulating it. Also, there seems to be little recognition of the impact that reputation can have on this as well. With so many sites ready to pounce on any commercial action that appears to be trickery or misleading in some form or another, companies would be well-advised to be as upfront as possible in their advertising efforts. Those caught "tricking" consumers will feel significant backlash for their efforts, making it not worthwhile. It seems that this ability to shine an automatic light on questionable practices should limit the worst abuses of any "trickery."

Filed Under: fcc, harm, product placement, regulations
Companies: fcc

FCC May Need To Staff Up The Phone Lines To Deal With Digitial TV Transition

from the full-employment-act? dept

There has been plenty of concern over the past year, that the FCC isn't really prepared for the shift from analog tv signals to digital tv signals that will happen early next year. While the recent switchover test in Wilmington, N.C. didn't go that badly, the LA Times notes that the FCC still received calls from 797 residents in the city on the first day and 424 more on the second day. While the FCC points out that this is less than one-half of one percent of the 180,000 TV-viewing households the changeover impacted, this still should throw up some warning signs for the big switchover.

First of all, in the test region, the FCC did a much bigger education campaign than has been done nationwide. On top of that, the percentage of households in Wilmington impacted by the change (those who don't use cable or satellite TV) was only 8%, compared to 12% in the rest of the country. Some quick and dirty math suggests this could mean somewhere just under a million calls to the FCC for the big changeover. While the FCC staffed up to take the calls, you'd have to imagine they'll have to staff up a lot more to take a million calls over the course of a couple days. Perhaps they can hire all those telemarketers who the telemarketing industry insisted would be put out of work by the "Do Not Call" list...

Filed Under: analog tv, digital tv, phone support, transition
Companies: fcc

Comcast Appeals FCC's Wrist Slap

from the you-can't-even-not-punish-us! dept

As was widely expected, Comcast has appealed the FCC's ruling concerning its traffic shaping practices -- even though that ruling was a total slap on the wrist that had no real punishment other than a verbal scolding. But, of course, for Comcast, it's a question of principle -- with the principle being that the FCC has no authority over it on this matter (except, of course, when it's politically convenient for Comcast to say otherwise).

While the ruling against Comcast was rather pointless and meaningless, this appeal could create a much more interesting lawsuit, helping to more clearly define the FCC's authority on these issues. Amusingly, despite the effective issues being identical to the question of the FCC's authority over consumer electronics in the broadcast flag debate from four years ago, expect various public interest groups to align on the opposite sides of where they did back during that fight. Apparently, FCC regulation is bad, except when it's in agreement with your opinion.

Filed Under: appeal, authority, fcc jurisdiction, net neutrality
Companies: comcast, fcc

FCC Setting Conditions For XM-Sirius Merger (Finally)

from the what-took-so-long? dept

It's not clear exactly what Kevin Marin and the FCC have been doing over the last year and a half since XM and Sirius announced plans to merge. The Justice Department gave its approval of the deal back in March. That had already taken over a year, and then everyone turned to the FCC to get its approval. From the length of time it took, perhaps the FCC had just figured that the DoJ wasn't going to approve the merger, and had to scramble to figure out the details before granting (or not) its own approval. FCC boss Kevin Martin has now sent around to the other commissioners his recommended concessions to approve the merger, and it includes things like a temporary ban on raising prices (for a few years) as well as requirements for some channels to be turned over to noncommercial and minority programming. While XM and Sirius eagerly agreed to these concessions (after all this time, they just want the damn thing to be over), other commissioners may try to impose additional requirements as well -- so this might not be over just yet.

Filed Under: fcc, mergers, satellite radio
Companies: fcc, sirius, xm

MPAA Asks FCC To Allow It To Block DVR Recording Of Certain Movies

from the winning-fans-all-over dept

The entertainment industry lobbyists are basically working ever possible angle to get more "control" over its content. We've already seen how they mess with the legislation process and the international treaty process, and now they're trying to use the FCC as well (not for the first time, either). The latest is that the MPAA is asking the FCC to remove certain restrictions that forbid it from blocking the recording of certain movies and from downgrading the ability to record certain movies. Basically, the MPAA is asking the FCC let it make use of "Selectable Output Control" to keep its rapidly disappearing "release windows" business model possible.

As you probably know, the movie business has worked for many years on the model of "release windows," where films first show up in theaters, then at special locations (hotels/airplanes), followed by video, then PPV, cable and finally network TV. This is a legacy of an old business model, where the studio had a lot more control over content -- but it makes less and less sense these days, in a world where people have a lot more options for their entertainment time and money. These "windows" have been shrinking, because that's exactly what the customers demand -- and it actually has worked out well for the studios, because with shorter windows they actually get more benefit from a single advertising campaign plus consumers are happier since they have more options about how they consume the content. But the industry is so focused on these windows, that when anyone dares to upset the norm, they freak out.

The latest situation is because the studios want to keep this totally unnecessary window process in place. So they're asking the FCC to let it either degrade recordings or block recordings of movies if they occur before the movies go to DVD/video rental. The MPAA reasoning behind this is pure bunk, claiming that it would encourage more people to buy HDTVs, speeding up the transition to digital TV. There are multiple inaccuracies in this claim by the studios. First, while HDTV's are digital, one does not need to upgrade to HDTV to switch to digital TV. More importantly, basically, the studios are pretending that it's someone else's fault that they're unwilling to put good HDTV content on TV. They're basically saying "oh, if you let us block copying, then we'll put much more good content on TV." That's hard to believe for a variety of reasons. There's plenty of demand for content on TV, and if the studios aren't willing to put on good content, then others are finding plenty of ways to fill in the gaps.

Furthermore, there's nothing stopping the studios from releasing movies earlier. Claiming that they need this extra copy protection is a myth. The copy protection won't actually stop copies from being made. "Professional" pirates will easily get around the protection schemes. The only people who won't are your average home family user, who the industry is trying to screw over by making them pay over and over again for the same content. Besides, even the FCC knows that the MPAA's argument is incorrect. In its own report, it stated:

"In particular, we are concerned that selectable output control would harm those 'early adopters' whose DTV equipment only has component analog inputs for high definition display, placing these consumers at risk of being completely shut off from the high-definition content they expect to receive."

In other words, for every person that "more HDTV content" encourages to upgrade, you're probably going to get more than one person pissed off that their DVR can't record that content. Hopefully the FCC tells the MPAA that its regulatory power isn't designed to let it prop up an obsolete business model.

Filed Under: copyright, fcc, mpaa, soc
Companies: fcc, mpaa