-Caveat Lector-

>From http://www.c-span.org/about/mustcarry.htm

C-SPAN Networks in Jeopardy?
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Recent Testimony | Learn More | Archive | In the News

FCC Rules Could Force C-SPAN & C-SPAN2
Off Your Cable System

The Federal Communications Commission is now in the process of writing
rules that could give every local broadcast station a second channel on
your cable system. If that happens, cable operators would be forced to
eliminate many cable programming services, including C-SPAN and C-SPAN2, in
order to make room for each broadcast station's extra channel.

Broadcasters would be given the extra cable channel as part of the plan for
the nation's transition from current television technology to the new
"digital" television, which includes the promise of the much talked about
High Definition Television, or HDTV.

C-SPAN believes the proposal for a second channel is both unnecessary and
unconstitutional. A so-called "digital must carry" rule from the FCC would
violate the First Amendment because it would prevent the C-SPAN Networks
from being able to "speak" to literally millions of American households as
one or the other, or even both of the networks would be dropped from your
cable system under such a rule.

The C-SPAN Networks have vigorously opposed the recently proposed second
channel for broadcasters, and in fact, have opposed all forms of such "must
carry" rules for several years. Most recently, C-SPAN's CEO Briam Lamb
testified to a Senate committe in opposition to the second channel proposal
for broadcasters.

C-SPAN CEO Testifies Against `Digital Must Carry'

On Wednesday, July 8th C-SPAN's chief executive Brian Lamb testified before
the Senate Commerce Committee as part of a panel of witnesses to discuss
the nation's transition from analog to digital television. Mr. Lamb's
written testimony, reproduced below, focused on the proposal that cable
operators be forced to give each local broadcaster a second channel on the
cable system. Lamb criticized this "digital must carry" rule as unfair,
unnecessary and unconstitutional.

� Read Mr. Lamb's Written Testimony
� Watch or Listen to Mr. Lamb's testimony.
� Watch or Listen to the entire hearing.
� Get the RealPlayer.

C-SPAN's Counsel Claims "Digital Must Carry" Unnecessary
and Unconstitutional

On Friday, July 24th C-SPAN's Corporate Vice President and General Counsel
Bruce Collins participated in a panel discussion in Washington on digital
television sponsored by Georgetown University. In his opening remarks Mr.
Collins argued that the transition to digital television would be
accomplished most effectively through the free market, and that a "digital
must carry" rule would be unnecessary and unconstitutional.

� Watch or listen to Mr. Collins' remarks
� Watch or listen to the entire panel discussion

Letter to Capitol Hill Warns of Dangers to C-SPAN

On May 22, C-SPAN told Congress that an impending FCC policy change could
result in the loss of C-SPAN and C-SPAN 2 in millions of households. The
message was in a letter from C-SPAN Chairman and CEO Brian Lamb to the
congressional leadership and to the two communications committees. In the
letter he warned that if the FCC issues a rule requiring cable operators to
carry the new digital signals soon to be launched by local broadcasters,
C-SPAN and C-SPAN 2 will be seriously harmed.

The issue is relevant now because the FCC is in the process of writing a
rule that will describe exactly how cable operators will have to treat
these new digital channels. In the meantime, the first such digital
channels are expected to be launched in some big markets in November, with
others coming in May of next year.

Read C-SPAN's letter to Members of Congress and the response of the
National Association of Broadcasters.

Learn More and How to get Involved

Contact Members of Congress.
Contact the FCC.
The Cable Operator's Perspective.
Voice Your Opinion
Watch or Listen to a Freedom Forum Panel on Digital Television and the
Future of TV News.
Visit Citizens for C-SPAN an independent group concerned about access to
the C-SPAN Networks.

Archive: C-SPAN's Record on the 'Must Carry' Rule." C-SPAN has opposed the
so-called 'must carry' rule in all its forms since it was proposed as a
part of the 1992 Cable Act. Read C-SPAN's statements on 'must carry' since
1991.

Reply Comments, December 22, 1998: Filed with the FCC

Summary of Position, June 1998: The key points of C-SPAN's position on
`digital must carry' is summarized in this one-page document.

Comments to the FCC, July 1996: C-SPAN argues that the 'must carry' rule
should not be applied to digital broadcast services because it violates
C-SPAN's First Amendment rights and because a recent Supreme Court case
supports the idea that the rule should not be applied automatically to new
technologies.

Affidavit in Lawsuit, February 1993: C-SPAN was a plaintiff in the Supreme
Court case that challenged the constitutionality of the 'must carry' rule.
As part of that lawsuit, C-SPAN's Lisa Kerr filed an affidavit citing
several examples of how the rule led to carriage of C-SPAN and C-SPAN 2
being eliminated or reduced

Written Testimony of Brian Lamb, June 1991: C-SPAN CEO Brian Lamb testified
before the House Subcommittee on Telecommunications & Finance as the 1992
Cable Act was being written. In his testimony he warned Congress that if
the 'must carry' rule became law, C-SPAN would become a "second class"
citizen and that the public would be the losers.

Watch or Listen to Lamb's Actual Testimony, June 1991: C-SPAN Chairman
Brian Lamb appeared on a panel of witnesses with other television industry
executives before the House subcommittee (see above item) to discuss many
aspects of the pending communications law, including the must carry rule.
In this 6 minute excerpt from the hearing Lamb warns that the rule will
hurt the CSPAN Networks, yet urges Congress not to treat CSPAN differently
or to grant it any special favor.



Related Site:



FCC Digital TV Site



In the News:



Multichannel News -- 11/9/98 Lamb Rips Must-Carry to Panel
CableFAX Daily -- 11/9/98 Oh No You Don�t: NCTA, C-SPAN Set Gore Straight
on Digital Must Carry
Communications Daily -- 11/9/98 Gore Commission Eyes Mostly Voluntary
Obligations
Washington Times -- 7/9/98 HDTV not set for fall premiere
Cableworld -- 7/13/98 Digital Puzzle Frustrates Feds
MultiChannel News -- 7/13/98 Digital-Carriage Dance
Daily Variety -- 7/9/98 Digital debate gets static in Senate hearing.
Scientific American May, 1998 Digital Television: Here at Last
MultiChannel News -- 6/8/98
Burns Opposed to Digital Must Carry
USA Today -- 6/2/98 C-SPAN chief wary of digital TV
Daily Variety -- 6/1/98 C-SPAN Chief Pans Digital Must Carry
Communications Daily -- 6/1/98 NAB Response to C-SPAN
CableFax Daily 6/1/98 NAB Picks On C-SPAN
Hollywood Reporter 6/1/98 -- C-SPAN 'same tired claim' has Fritts annoyed
Hollywood Reporter 5/29/98 -- C-SPAN Can't Bear Must Carry
MultiChannel News -- 5/29/98
NAB Fires Back at C-SPAN's Lamb
MultiChannel News Lamb Issues Digital Must-Carry Alert

Broadcasting and Cable C-SPAN in jeopardy?

Communications Daily 5/28/98 Clock Ticking
CableFax Daily 5/28/98 The Lamb Roars


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