Dingell Eyeing Cable Carriage of Broadcast Signals, He Tells NCTA
The House Commerce Committee will examine cable’s role in carrying broadcast signals, Chmn. Dingell (D-Mich.) told an NCTA gathering. “Not only do we have to see to it that the rulemaking is conducted in a fair fashion, but we have to see to it that the result of any governmental action is first of all something that solves the problems, which enables you to function properly and to compete fairly in areas where you have concerns or where business interests,” he said. He spoke Wed. as the FCC was to vote on a DTV item requiring cable operators to carry local broadcast signals on their analog and digital tiers (CD April 21 p1). Dingell also addressed the DTV transition and an FCC trend of reclassifying communications services under Title I of the Communications Act. Dingell also repeated his support for small bidding blocks in the 700 MHz auction.
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Discussing carriage issues, Dingell noted the FCC has had a history of overstepping its authority. It’s not hard to see why cable feels frustration at policy coming from the 8th floor, he said. “I understand how you might feel if the FCC is picking on your industry,” he said: “I'm not able to say that they pick on industries, but I am able to say that sometimes their process is neither open, nor is it transparent nor is it fair. When those events occur together, the result is less than perfect regulation.”
Dingell will help the cable industry get its voice heard at the FCC, he said: “We in Congress are going to need to know from you about your concerns on subjects of policy and very importantly on subjects of procedure to see to it that you are… satisfied that you are fairly treated.” Industry can lobby the FCC but, “my ability to bring matters to the attention of the FCC is probably a little better than yours,” he said.
The cable industry needs to inform Congress on progress and problems with the DTV transition, Dingell said: “We're going to need you and all the people in your industry to tell us what is going on, so that we can see to it that this transition proceeds in proper fashion.” If govt. botches its role in the transition, it will have a “fine mess” on its hands Feb. 17, 2009, he said: “I am going to wear my asbestos underwear when that day comes, because I'm sure there are going to be some nasty things said if this is not handled well.”
FCC’s move to reclassify certain broadband services as Title I services is another area of concern and likely to get committee attention, Dingell said. There’s a risk of losing consumer protections to the trend, and the FCC has been vague on this, he said: “FCC has still not determined what consumer protections will apply to these services.” Dingell has questions about consumer privacy, truth in billing and “cramming and slamming,” he said: “In general [they're questions about] what consumer protections do we need to have apply to broadband services. We need to ask the FCC to see how they propose to do it.”
In the coming 700 MHz auction, Dingell favors auctioning of spectrum in small blocks, but wants to see the proposed FCC rules before getting Congress involved, he said: “Congress ought to allow the agency to make the necessary preliminary judgement as to what to do.” Personally, he favors smaller spectrum chunks to foster greater competition and avoid “a few great big folks having it all,” he said.