FCC at Sept. 12 agenda meeting is likely to make final decision o...

FCC at Sept. 12 agenda meeting is likely to make final decision on question of dual must-carry, concluding once and for all that it’s unconstitutional, sources tell us. Commission had made that decision tentatively in Jan. 2001 (CD Jan 24/01 p3), believing that forcing cable operators to carry both analog and digital signals of broadcasters would violate cable operators’ First Amendment rights. In its decision -- released in last week of then FCC Chmn. William Kennard’s tenure -- Commission said station’s primary channel entitled to mandatory cable carriage included “a single programming stream and other program-related content” -- but not necessarily full multiplex of separate programs carried on single digital channel. FCC already has said broadcasters are entitled to digital must-carry by cable operators after DTV transition, so decision Sept. 12 would mean that once 85% of U.S. population has digital access, under congressional plan, broadcasters must turn off their analog signal and switch entirely to digital. But remaining questions about what must be carried by cable operators will be explored in new rulemaking, also tentatively on docket for Sept. 12, sources said. That item would focus on issue of multicasting and what constitutes primary video signal in 6 MHz of spectrum broadcasters have been given. NAB and NCTA in recent weeks have been lobbying furiously on issue, with NAB contending broadcasters have right to have all programming, data and services on their 6 MHz carried by cable. NCTA has argued that, too, would constitute impingement on cable operators’ First Amendment rights. Also tentatively on docket, we're told, is omnibus rulemaking on broadcast ownership rules in context of FCC’s biennial review. That proceeding would formalize Commission’s exploration of those issues, as detailed by Media Bureau Chief Kenneth Ferree earlier this year(CD June 18 p1), sources said.