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1 (May 11, 2005)

handle is hein.crs/crsmthabdga0001 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 * This is an update of a report prepared by Carey Lening, Law Clerk with the American Law Division. 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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