Communications Litigation Today was a service of Warren Communications News.

CableLabs, seeking to influence regulatory debate over anticopyin...

CableLabs, seeking to influence regulatory debate over anticopying encryption technology for digital cable set-top boxes, urged FCC Chmn. Powell to stay course on issue and continue allowing cable industry to impose copy protection requirements on set-top manufacturers. In 3-page letter to Powell last week, CableLabs Pres. Richard Green argued that, without such copy protection capability in cable boxes, “content providers would likely withhold high-quality digital content from cable operators.” He also contended that content providers might favor such cable rivals as DBS providers, “who are not encumbered by the FCC’s separate security requirement and therefore can impose copy protection and other requirements on their receiver manufacturers without being subject to FCC review.” To buttress latter point, Green cited recent story in Communications Daily that reported on agreement between DirecTV and satellite set-top makers to downgrade HDTV signals to ease content owners’ fears of unauthorized program copying. He said FCC “made the correct call” in its Sept. 18 declaratory ruling that cable copy protection requirements were consistent with Commission’s navigation device rules. Such recent developments as DirecTV deal, he said, “demonstrate the wisdom of the Commission’s decision to abstain from involvement in copy protection matters which could have significant ramifications in the competitive marketplace.” Green also stressed that CableLabs’ PHILA (POD-Host Interface License Agreement) requires only that digital cable set-tops have capability to protect digital content -- it doesn’t force cable operators actually to use copy control mechanisms. “The cable industry strongly supports customers’ desires to record programs for various purposes including time-shifting,” he wrote. “However, in the digital world, copies are technically perfect and can be transmitted instantly around the world without restriction. Therefore, a copyright holder must have the technical capability available to ensure that digital copies are made and used responsibly.”