[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 29062-29063]
[From the U.S. 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 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

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content possible through over-the-air television. I am confident that 
it will do so.

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