[A2k] DMCA, SSSCA, CBDTPA, now CCBDA (Any Others?)

[Seth Johnson]

> http://www.extremevoip.com/article/Senate+Bill+Attacks+Content+VOIP+Analog+TVs/177196_1.aspx


Senate Bill Attacks Content, VOIP, Analog TVs

By Mark Hachman

May 2, 2006


A sweeping overhaul of the Communications Act of 1934 was
proposed on the Senate floor Monday, which would reinstate the
audio and video broadcast flag, require VOIP traffic to be
identifiable, and effectively eliminate analog televisions in a
year's time.

The 135-page document, known as the "Communications, Choice, and
Broadband Deployment Act of 2006," itself contains several
subsections known as individual acts. The bill was co-authored by
Senators Ted Stevens (R-Alaska) and Daniel Inouye(D-Hawaii), the
chairman and co-chairman of the Senate Commerce Committee.

Although the bill has yet to be debated on the floor of the
Senate, let alone be signed into law, it offers yet another
glimpse into the issues that concern the legislative branch of
the government.

"The measure we introduce today is a working draft intended to
stimulate discussion and is open for comments and suggestions for
change," Stevens said in floor testimony. "It attempts to strike
a balance between competing industries, consumer groups and local
government.

"Both Senator Inouye and I may propose additional changes based
on comments offered by our Members or interested parties,"
Stevens added. "We intend to hold two hearings to take testimony
on the draft bill and will listen to proposed changes. It's our
hope that through a process of collaboration, we can draft a bill
that truly represents a bipartisan consensus."

The bill presses several technological hot buttons:

    * Content and the "broadcast flag": The "broadcast flag,"
which would allow carriers to distinguish and block recording of
unauthorized content, is included in the bill, a section dubbed
"The Digital Content Protection Act of 2006".

      The bill would require the FCC to enforce an existing
report and order, FCC 03-273, which would institute the broadcast
flag over the American ATSC digital-television network, with a
few exceptions: "short excerpts," or content viewed over the
Internet"; "distance learning"; news; and digital television
redistributed within a person's home via a network.

      The bill would also grant Congress the authority to pass
laws regulating digital radio and satellite radio. To monitor the
audio broadcast flag, the bill would also set up a Digital Audio
Review Board, made up of representatives nominated by the cable,
satellite radio, audio recording, consumer electronics, software,
IT, audio publishing, audio performing, composing, and public
interest/consumer organizations. Interestingly, the board's
responsibility is to put forward a "proposed regulation" from a
"consensus" of the board, to regulate the recording of audio
content.

    * Televisions: The bill also would add two key aspects to the
digital-to-analog conversion process, which is currently set to
occur on Feb. 17, 2009.

      The first, more minor restriction would force retailers to
add an advisory tag to analog televisions no later than 60 days
after the bill was signed into law. The "consumer alert," which
would be posted in English and Spanish, would read:

      "CONSUMER ALERT

      "This TV only has an ''analog'' broadcast tuner and will
require a converter box after February 17, 2009 to receive
over-the-air broadcasts with an antenna because of the Nation's
transition to digital broadcasting on that date as required by
Federal law. It should continue to work as before with cable and
satellite TV services, gaming consoles, VCRs, DVD players, and
similar products."

      The second restriction would effectively hasten the
digital-to-analog transition by banning all sales of analog
televisions with a screen size greater than 13 inches:

      "It is unlawful to sell, or offer for sale, at retail after
March 1, 2007, a television set with a picture screen 13 inches
or greater in size (measured diagonally) unless that television
set is equipped with a tuner capable of receiving and decoding
digital signals," the bill reads.

      Both the advisory notice and the retail restrictions would
be assisted by a federally-funded Web site designed to assist
consumers with the transition, according to the bill.

    * VOIP: On one hand, the bill would encourage
telecommunications carriers to use VOIP to cut costs for soldiers
in the U.S. armed forces, who wish to call family and friends
from their overseas stations.

      However, the bill also contains provisions that would force
VOIP providers to make such voice traffic identifiable:

      "An [sic] provider of voice communications services
(including an IP-enabled voice service provider) shall ensure
that all traffic that originates on its network contains
sufficient information to allow for traffic identification by
other communications service providers that transport, transit,
or terminate such traffic, including information on the identity
of the originating provider, the calling and called parties, and
such other information as the Commission deems appropriate," the
bill reads.

      Failing to do this could result in fines, the bill said.

      Such a measure would make telecommunications traffic
identifiable and blockable, one of the provisions of "net
neutrality," or the argument that premium services should not be
charged a premium fee. Some executives have already described the
difficulties of blocking VOIP traffic, such as Skype.

      The bill does address network neutrality, but only in an
advisory context. The bill calls for the Federal Communications
Commission to prepare annual reports on the relationship of
broadband suppliers and online user services, as well as the
ability of consumers to access "lawful content and run Internet
applications and services over the public Internet subject to the
bandwidth purchased and the needs of law enforcement agencies,"
the bill reads.

      Under the bill, VOIP providers would have the same "rights,
duties, and obligations" as traditional telecommunications
providers.

    * Broadband: The bill would eliminate the
intrastate/interstate distinction in making phone calls, a key
source of revenue for the so-called "universal fund," which helps
fund or subsidize telecommunications services into rural areas. A
similar "universal broadband fund" would help serve the same
purpose, pushing broadband (defined as greater than 200 Kbits/s
in one direction) into rural areas. The bill makes clear that
satellite broadband services could be subsidized by this.

      The bill encourages the use of municipal broadband and
would prohibit discrimination based on the community.
Interestingly, in a section titled "The Community Broadband Act,"
the bill encourages public-private partnerships, and gives the
private sector "the right of first refusal," allowing a private
agency to step in and block a city or county from providing
municipal broadband to its residents if the private vendor wishes
to do so for the same or lower cost than the municipal agency.