Steve Adeff wrote:

On Tuesday 25 October 2005 16:30, Andy Alsup wrote:

So, I'm no lawyer, but I think this means that requiring 5C compliant
devices in order to record content that isn't protected is not
allowed.

true. but the question is, what is considered "protected". We know OTA is required to be openly available, but it sounds like anything you have to pay for is considered protected under the law, meaning they can 5C protect the rest of the channels.

Do we know this applies to both *digital* and *analog* OTA? I've never seen any official statement that anything other than *analog*-only basic cable tier service must be provided unencrypted.

I know that EFF and other organizations have made a lot of comments to FCC about this issue, but all I've seen are comments, like:

- "III. DIGITAL OVER-THE-AIR BROADCASTS MUST REMAIN UNENCRYPTED WHEN RETRANSMITTED OVER CABLE" (Mar 28, 2003) at http://www.eff.org/IP/Video/HDTV/20030328_fcc_cable-ce_comments.pdf - "III. TREATMENT OF OTA BROADCASTS ON BASIC TIER CABLE" (Feb 13, 2004) at http://www.eff.org/IP/Video/HDTV/fnprm_comments.php - "II. THE COMMISSION SHOULD RETAIN ITS RULE PROHIBITING ENCRYPTION OF RE-TRANSMITTED BROADCAST TELEVISION ON CABLE" (Mar 15, 2004) at http://www.eff.org/IP/Video/HDTV/?f=eff_fnprm_reply.html

So, does anyone have a link to any official ruling/statement/interpretation/whatever... (I'm not looking for a yes/no answer. I'm hoping for a reference.)

Thanks,
Mike
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