CONGRESS CAN STEP IN ON DTV TRANSITION BUT DOESN'T WANT TO, AIDES SAY
NEW ORLEANS -- Aides to several key members of Congress said their bosses were reluctant to mandate answers to DTV transition, although some still were holding out that threat as motivation for leaders of cable, broadcast and consumer electronics industries to work out their differences -- and fast. Their comments came on NCTA convention panel discussion late Mon. on cable issues as seen from Capitol Hill. Jessica Wallace, aide to House Commerce Committee Chmn. Tauzin (R-La.), said he had seen progress in series of informal roundtables his committee had been holding with industry leaders and was hopeful that issues could be resolved by companies, rather than Congress. However, Bill Bailey, aide to Sen. McCain (R-Ariz.), said McCain recently threatened to simply set date to take back spectrum from broadcasters unless they acted to move off that spectrum themselves in reasonable period of time.
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Andrew Levin, aide to Rep. Dingell (D-Mich.), said he was particularly concerned about digital rights management issues. He pointed to Cal. judge’s recent order, telling Sonicblue to come up with software to record how customers were using company’s ReplayTV 4000 series personal video recorder, which allows consumers to bypass commercials and transmit programming to other people with same device. Sonicblue is being sued by studios over copyright protection. Levin called judge’s decision “a really scary proposition” and expressed hope it would be overturned on appeal. “It’s court-mandated spyware,” chimed in Michael Rawson, aide to Sen. Burns (R-Mont.), referring to software. Levin said judge’s order violated Sonicblue’s privacy agreement with its customers and had broad implications for cable and other stakeholders.
Later panel of legislative aides seemed bit more willing to entertain congressional intervention in some areas, particularly on broadband deployment. Michael Nilsson, aide to Sen. Rockefeller (D-W.Va.), seemed open to idea of including broadband within category of those services contributing to Universal Service Fund. Rockefeller, whose state has many rural areas, wants to ensure that “chunks of America aren’t left behind.” Johanna Mikes, aide to Rep. Boucher (R-Va.), said he wouldn’t rule out imposing “open access” provisions on broadband providers. Brendan Kelsay of Dingell’s staff said: “We would like to see the market take care of it first.”
In earlier session with state and local regulators, there was distinct split, with some, such as N.J. Board of Public Utilities Pres. Connie Hughes and Fla. PSC Chmn. Lila Jaber being adamant in their belief that no new regulations should be imposed on cable broadband service. “I do not want to regulate cable,” Jaber said to applause: “It will be over my dead body.” However, Jim Dailey, mayor of Little Rock, and NATOA Pres. Denise Brady, deputy dir. of Dept. of Telecom & Information Services for city of San Francisco, said cities and municipalities should be compensated when appropriate. Dailey also said some sort of universal service funding requirement should be imposed to reach rural and poor areas that as yet had no broadband access. Still, he said, issue shouldn’t be looked at as confrontation between local govt. and industry, since both wanted to see broadband deployed. “We're really in the same trench together,” he joked.