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1 (April 5, 2005)

handle is hein.crs/crsmthabdfz0001 and id is 1 raw text is: 
                                                                 Order Code RS22106
                                                                          April 5, 2005



 CRS Report for Congress

               Received through the CRS Web




    Copyright Protection of Digital Television:
                    The Broadcast Flag

                              Carey Lening1
                                Law Clerk
                          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 briefly addresses litigation and
 possible implications of the FCC's Report and Order concerning Digital Broadcast
 Content Protection.

    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, 2006.2

    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 This report was prepared under the general supervision of Larry M. Eig, Legislative Attorney.
2 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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