2. 1 CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com CPTWG MEETING 68 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com

3. 2 House Commerce Committee Staff DTV Draft Bill n n Analog broadcast ceases at the end of 2006; n n Affiliates no degradation pass through; n n FCC Broadcast Flag recognition, end of analog output by July 1, 2005; n n FCC not to require Dual Must-Carry; n n Must-Carry for digital multicasting (tbd); n n FCC regulation of DTV cable compatibility; n n FCC DTV tuner requirements; and, n n Consumer notices n n Analog broadcast ceases at the end of 2006; n n Affiliates no degradation pass through; n n FCC Broadcast Flag recognition, end of analog output by July 1, 2005; n n FCC not to require Dual Must-Carry; n n Must-Carry for digital multicasting (tbd); n n FCC regulation of DTV cable compatibility; n n FCC DTV tuner requirements; and, n n Consumer notices

4. 3 DTV Bill: Broadcast Flag n Broadcast Flag Rulemaking n Expedite Selection of Technology n Analog Outputs n Consumer “Safeguards” n Professional Equipment n Sunset Biennial Review n Broadcast Flag Rulemaking n Expedite Selection of Technology n Analog Outputs n Consumer “Safeguards” n Professional Equipment n Sunset Biennial Review

5. 4 House Telecom DTV Hearing n September 25 House Commerce Committee Telecom Subcom Hearing n Witnesses: consumer, cable, cable programmer., TV mfg., retailer, NAB, network, and public safety n Concern about “cutting” consumers off and cost of transition to consumers n Tauzin - DTV bill n Tauzin - DTV bill intended to create tensions among the industries, wants a “good fight” n http://energycommerce.house.gov/107/hearings/09 252002Hearing719/hearing.htm n September 25 House Commerce Committee Telecom Subcom Hearing n Witnesses: consumer, cable, cable programmer., TV mfg., retailer, NAB, network, and public safety n Concern about “cutting” consumers off and cost of transition to consumers n Tauzin - DTV bill n Tauzin - DTV bill intended to create tensions among the industries, wants a “good fight” n http://energycommerce.house.gov/107/hearings/09 252002Hearing719/hearing.htm

6. 5 Other Legislation Introduced n n Berman-Coble H.R. 5211 (Hearing on Sept. 26th) u u “Clarifies” right to utilize "self-help" measures to protect owners IP as it is distributed on P2P networks. Boucher - Digital Media Consumers’ Rights Act u u Permits Circumvention for Fair Use n n Lofgren - Digital Choice and Freedom Act of 2002 u u “Clarifies” historic fair use rights, applies First Sale Doctrine to digital works, and no violation of DMCA to circumvent for lawful purpose n n Biden - amendment to anti-counterfeiting bill (S. 2395) to deter digital distribution n n Berman-Coble H.R. 5211 (Hearing on Sept. 26th) u u “Clarifies” right to utilize "self-help" measures to protect owners IP as it is distributed on P2P networks. Boucher - Digital Media Consumers’ Rights Act u u Permits Circumvention for Fair Use n n Lofgren - Digital Choice and Freedom Act of 2002 u u “Clarifies” historic fair use rights, applies First Sale Doctrine to digital works, and no violation of DMCA to circumvent for lawful purpose n n Biden - amendment to anti-counterfeiting bill (S. 2395) to deter digital distribution

7. 6 FCC NPRM - New Dates n n On Oct. 11 FCC announced it had extended the Comment period in the Broadcast Protection NPRM from October 30 to December 6 n n Reply Comments period extended from December 13 until January 17 Extension in response to request from Public Knowledge, the Center for Democracy and Technology, and Consumers n n On Oct. 11 FCC announced it had extended the Comment period in the Broadcast Protection NPRM from October 30 to December 6 n n Reply Comments period extended from December 13 until January 17 Extension in response to request from Public Knowledge, the Center for Democracy and Technology, and Consumers

8. 7 CPTWG MEETING 68 Legislative/Regulatory Update Questions Jim Burger jburger@dowlohnes.com CPTWG MEETING 68 Legislative/Regulatory Update Questions Jim Burger jburger@dowlohnes.com