Congress Asked to Keep Broadcast Flag Off of Spending Bill

By NEWS RELEASE | June 22nd, 2005

Several non-profit organizations, public-interest groups and corporate representatives on Monday asked members of the Senate Appropriations Committee to oppose any attempts to give the Federal Communications Commission permission to reinstate the “broadcast flag” regulations.

The Appropriations Subcommittee on Commerce, Justice and Science, which has jurisdiction over the Federal Communications Commission (FCC) marked its bill up on Tuesday, and the full Committee will consider the bill on Thursday (6/23). We have heard that language to give the FCC authority to impose its broadcast flag scheme may be added to the bill.

“The broadcast flag doesn’t belong on a spending bill. This would be legislating through the back door,” said Public Knowledge Pres. Gigi B. Sohn. “At this point, the broadcast flag regime should be simply left alone.”

The U.S. Court of Appeals for the D.C. Circuit on May 6 struck down the Federal Communications Commission’s (FCC) order establishing the flag scheme. The court ruled that the Commission had exceeded its authority in establishing the broad regulatory structure proposed to prevent over-the-air digital television from being sent freely over the Internet. Since that decision, the motion picture industry has been working to persuade Congress to give the Commission authority to implement its program.

Those signing the letter argued that the flag rule will hurt consumers, restrict educational use of TV and give the FCC unprecedented power to determine the design of consumer electronics and computer technology.

The letter was sent last week to members of the Senate and House Commerce committees. The text of the letter is available here (PDF).

About Public Knowledge
Public Knowledge is a public-interest advocacy and education organization that seeks to promote a balanced approach to intellectual property law and technology policy that reflects the “cultural bargain” intended by the framers of the constitution. More information available at www.publicknowledge.org.