[Congressional Record Volume 149, Number 166 (Monday, November 17, 2003)]
[Senate]
[Pages S14960-S14961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   RECENT BROADCAST FLAG REGULATIONS

  Mr. LEAHY. Mr. President, I rise today to commend the Federal 
Communications Commission for its continuing work on the important 
broadcast flag regulations. Over-the air-television remains a critical 
part of the distribution of American television, and these regulations 
help to promote and improve over-the-air broadcasting of high quality 
digital programming. They do this by giving broadcasters the tools they 
need to protect their digital

[[Page S14961]]

broadcasts against piracy. Without this protection, broadcasters would 
simply not broadcast their high value content over the air, and we 
would be left with two classes of American consumers: those who can 
afford, and live somewhere where they can receive, cable television 
with its high-value content, and those who receive only low-value over-
the-air television. We must not allow this to happen.
  While I am encouraged by the FCC's progress, and in particular 
pleased to see that they have taken steps to keep the setting of 
technical criteria for protective technologies open and transparent, 
the FCC's recent notice of proposed rulemaking raises some concerns. 
First, the FCC should make the process inclusive of all parties with an 
interest in the outcome, especially consumers. Second, a sound final 
regulation should address the effect of a broadcast flag on fair use 
rights and works that are already in the public domain. Third, the 
final regulation should address the broadcast flag's effect on privacy. 
What is intended as a technological measure to ensure the security of 
over-the-air broadcasts should not turn into an ability to track viewer 
behavior. Last, the final regulation must continue to ensure that no 
one player becomes dominant in this industry, and that the American 
consumer continues to reap the benefits of innovative new technologies. 
Most of all, the FCC should not lose sight of the most important goal 
of these regulations: to provide the highest quality content possible 
through over-the-air television. I am confident that it will do so.

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