Gemstar-TV Guide told FCC that Commission focused too narrowly on...

Gemstar’s electronic programming guide from its cable systems. FCC determined late last year that Gemstar’s service didn’t qualify for analog must-carry status (CD Dec 7 p3). FCC used 3-pronged test to determine whether material carried in broadcasters’ vertical blanking interval (VBI) was program-related and therefore required cable carriage: (1) Is information intended to be seen by same viewers as are watching main program? (2) Must information be available during same interval of time as main program? (3) Is information integral part of main program? Commission ruled “no” on all counts. However, Gemstar, in new filing, said “such an inflexible standard” would ultimately slow progress toward DTV and all it had to offer, including interactive games, multiple camera angles and other information used by sports broadcasters, news broadcasts, 24- hour local weather and other programming. VBI allows broadcasters to transmit information and data at off hours, when there’s more room on cable pipe. Viewers don’t see information as it’s transmitted on VBI. Gemstar said 3rd prong of 3-pronged test “would permanently ground consumer access to program-related material to more limited options,” which Gemstar said was not what Congress intended when it directed Commission to adapt its rules to account for advance of digital technology. “The Commission should now recognize the limitations inherent in the WGN standard, which if applied in the digital context would stifle nascent digital and interactive technologies, and abandon it,” Gemstar said. Company also asked Commission to clarify that it hasn’t yet determined what standard of program-relatedness will apply to material transmitted in digital broadcast signal. Gemstar wants FCC in its FNRPM on digital must carry to define new standard of program-relatedness.