Sept. 26, 2005
Both the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) are floating language on Capitol Hill that would give Congress authority to allow the FCC to impose the broadcast flag regime. We oppose both proposals.
Here is MPAA’s proposed language:
The Federal Communications Commission —
(a) has authority to adopt such regulations governing digital television apparatus that are appropriate to control the indiscriminate redistribution of digital television broadcast content over digital networks, and shall issue forthwith, as final rules and interim certifications pursuant to such authority and effective on ______ , the rules and certifications contained in the Report and Order in the matter of Digital Broadcast Content Protection, FCC 03-273 and certifications contained in the Digital Output Protection Technology and Recording Method Certifications, FCC 04-193; and
(b) may reconsider, amend, repeal, supplement, and otherwise modify any such regulations and certifications, including those identified in paragraph (a) of this section, in whole or in part for such purposes.
Here is RIAA’s proposed language:
"The Federal Communications Commission —
(a) has authority to adopt such regulations governing digital audio broadcast transmissions and digital audio receiving devices that are appropriate to control the unauthorized copying and redistribution of digital audio content by or over digital reception devices, related equipment, and digital networks, including regulations governing permissible copying and redistribution of such audio content necessary to address issues such as those under consideration in the proceeding on the Notice of Inquiry In the Matter of Digital Audio Broadcasting Systems and their Impact on the Terrestrial Radio Broadcast Service,MM Docket No. 99-325, provided, however, that adoption of any digital audio regulations pursuant to this section shall not delay the adoption of final operational rules for digital audio broadcasting; and
(b) may reconsider, amend, repeal, supplement, and otherwise modify any such regulations and certifications, including those identified in paragraph (a) of this section, in whole or in part for such purposes."
