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1 1 (May 11, 2005)

handle is hein.crs/crsaivt0001 and id is 1 raw text is: Order Code RS22106
Updated May 11, 2005
CRS Report for Congress
Received through the CRS Web
Copyright Protection of Digital Television:
The Broadcast Flag
Angie A. Welborn
Legislative Attorney
American Law Division
Summary
This report addresses the adoption of a broadcast flag system by the Federal
Communications Commission (FCC) to protect digital television (DTV) broadcasts
from unauthorized redistribution. The report also addresses the recent decision of the
United States Court of Appeals for the District of Columbia Circuit reversing and
vacating the FCC' s broadcast flag report and order. It will be updated as events warrant.
Introduction. Technological advances, a looming statutory deadline, and the need
to reclaim analog spectrum occupied by television broadcasters has put digital television
(DTV) on a fast track. At the same time, development of digital television has
necessitated balancing competing interests - those of content holders, and those of the
consumer and technological industries. Reconciling these interests has led to the
development of a broadcast flag to combat unauthorized redistribution of content
broadcast through digital television signals. The move to protect digital content has been
given urgency by the Federal Communications Commission's (FCC) determination that
broadcast transmissions be digital by December 31, 2006.1
What is DTV? Digital Television (DTV) is a new television service representing
the most significant development in television technology since the advent of color
television in the 1950s. Three major components of DTV service must be present for
consumers to enjoy a fully realized high definition television viewing experience. First,
digital programming must be available. Digital programming is content that is assembled
with digital cameras and other digital production equipment.  Second, digital
programming must be delivered to the consumer via a digital signal. Third, consumers
1 Federal Communications Commission, In the Matter ofAdvanced Television Systems and Their
Impact Upon the Existing Television Broadcast Service: Fifth Report & Order, 12 F.C.C. Rec.
12809, 12811-12812 (1997) (hereinafter FIFTH REPORT). In the Balanced Budget Act of 1997
(47 U.S.C. § 309(j)(14) (2004)), Congress codified the December 31, 2006 date.
Congressional Research Service +o The Library of Congress

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