US TV
FCC "crossed the line" on broadcast flag
Published Thursday, Feb 24 2005, 04:04 GMT | By James Welsh
A US appeals court has said that America's communications regulator, the FCC, "crossed the line" when it adopted rules requiring that all digital terrestrial TV tuning devices recognise a special signal designed to prevent sharing of broadcast TV programmes on the Internet.
In November 2003, the FCC adopted a rule allowing broadcasters to transmit a special "broadcast flag" alongside TV programmes. More importantly, the rule will require that from July 1, all digital terrestrial TV tuners recognise and "give effect to" the flag - in other word, have procedures to impede the sharing of recorded programmes on the Internet.
The US Court of Appeals for the DC Circuit was alarmed that the FCC is now getting into the business of regulating how electronic devices are made and how they operate.
"Selling televisions is not what the FCC is in the business of," said Judge Harry Edwards.
However, it will take several months for the court to issue a final ruling on the matter. In the meantime, the rule is scheduled to go into effect on July 1.
In November 2003, the FCC adopted a rule allowing broadcasters to transmit a special "broadcast flag" alongside TV programmes. More importantly, the rule will require that from July 1, all digital terrestrial TV tuners recognise and "give effect to" the flag - in other word, have procedures to impede the sharing of recorded programmes on the Internet.
The US Court of Appeals for the DC Circuit was alarmed that the FCC is now getting into the business of regulating how electronic devices are made and how they operate.
"Selling televisions is not what the FCC is in the business of," said Judge Harry Edwards.
However, it will take several months for the court to issue a final ruling on the matter. In the meantime, the rule is scheduled to go into effect on July 1.
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