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CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes

CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com. House Commerce Committee Staff DTV Draft Bill. Analog broadcast ceases at the end of 2006; Affiliates no degradation pass through; FCC Broadcast Flag recognition, end of analog output by July 1, 2005;

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CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes

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  1. CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com

  2. House Commerce Committee Staff DTV Draft Bill • Analog broadcast ceases at the end of 2006; • Affiliates no degradation pass through; • FCC Broadcast Flag recognition, end of analog output by July 1, 2005; • FCC not to require Dual Must-Carry; • Must-Carry for digital multicasting (tbd); • FCC regulation of DTV cable compatibility; • FCC DTV tuner requirements; and, • Consumer notices

  3. DTV Bill: Broadcast Flag • Broadcast Flag Rulemaking • Expedite Selection of Technology • Analog Outputs • Consumer “Safeguards” • Professional Equipment • Sunset Biennial Review

  4. House Telecom DTV Hearing • September 25 House Commerce Committee Telecom Subcom Hearing • Witnesses: consumer, cable, cable programmer., TV mfg., retailer, NAB, network, and public safety • Concern about “cutting” consumers off and cost of transition to consumers • Tauzin - DTV billintended to create tensions among the industries, wants a “good fight” • http://energycommerce.house.gov/107/hearings/09252002Hearing719/hearing.htm

  5. Other Legislation Introduced • Berman-Coble H.R. 5211 (Hearing on Sept. 26th) • “Clarifies” right to utilize "self-help" measures to protect owners IP as it is distributed on P2P networks. • Boucher - Digital Media Consumers’ Rights Act • Permits Circumvention for Fair Use • Lofgren - Digital Choice and Freedom Act of 2002 • “Clarifies” historic fair use rights, applies First Sale Doctrine to digital works, and no violation of DMCA to circumvent for lawful purpose • Biden - amendment to anti-counterfeiting bill (S. 2395) to deter digital distribution

  6. FCC NPRM - New Dates • On Oct. 11 FCC announced it had extended the Comment period in the Broadcast Protection NPRM from October 30 to December 6 • Reply Comments period extended from December 13 until January 17 • Extension in response to request from Public Knowledge, the Center for Democracy and Technology, and Consumers

  7. CPTWG MEETING 68 Legislative/Regulatory Update Questions Jim Burger jburger@dowlohnes.com

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