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This page is part of Benton Foundation's online archive. We've kept some old stuff around for historical purposes.

Digital Television & Cable TV: Legislative Background

I. Legislative Background

A. Cable Television Consumer Protection and Competition Act of 1992

The Cable Television Consumer Protection and Competition Act of 1992 provides television stations with certain carriage rights on local market cable television systems. "Must carry" requirements are outlined in Sections 614 and 615 of the Act; "retransmission consent" requirements are contained in Section 325. Cable operators are generally required to carry local television stations on their cable systems in a tier of service provided to every subscriber without degrading the television station's signal.

The law governing retransmission consent generally prohibits cable operators and other multichannel video programming distributors from retransmitting the signal of a commercial television station, radio station or low power station without the prior consent of the station whose signal is being transmitted, unless the broadcaster has chosen must carry. Every three years, commercial television stations must elect between pursuing their mandatory carriage rights or their retransmission consent rights. Noncommercial television stations do not have retransmission consent rights.

Must carry is a provision that allows a broadcaster to require a cable operator to retransmit the stations signal on the cable system. Congress adopted must carry provisions to ensure 1) the availability of free over-the-air television, 2) the benefits derived from local origination of programming from television stations, and 3) the continued distribution of unique, noncommercial, educational programming services.

A retransmission consent agreement is obtained by a cable operator who wants to retransmit a broadcaster's signal. Congress found that cable systems obtain "great benefits from local broadcast signals," in the form of subscribership and increased audience for cable programming services.

B. Telecommunications Act of 1996

Provisions in the Telecommunications Act of 1996 created a new system of broadcast television in the US called digital TV. In the legislative history of this provision, Congress stated that it did not intend to "confer must carry status on advanced television or other video services offered on designated frequencies" adding that the "issue is to be the subject of a Commission proceeding under section 614(b)(4)(B) of the Communications Act." Under rules adopted by the FCC last year, each existing analog licensee is eligible to apply to operate a new digital station serving the same geographic area and using 6MHz of spectrum. Stations can transmit using any mix of digital TV standards including High Definition Television (HDTV). November 1998 will mark the beginning of digital television broadcasts and a transition period will last at least until 2006. During the transition, stations will air both analog and digital television signals. Starting April 1, 2003, broadcasters will be required to simulcast at least 50% of their video programming on both the analog and digital systems. The following year, the simulcast requirement climbs to 75%. After April 1, 2005, the simulcast requirement will be 100%. After the transition period, licensees will cease analog broadcasts and return to the government 6MHz of spectrum.

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