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Subcommittee on Telecommunications and the Internet
March 15, 2001
10:00 AM
2123 Rayburn House Office Building
Good morning Mr. Chairman and
members of the Subcommittee. I am Beth Courtney, president and CEO of Louisiana
Public Broadcasting and the chairman of the Association of America's Public
Televisions (APTS) Board of Trustees. I testify today on behalf of APTS and its
member stations. Thank you for holding this hearing today, Mr. Chairman, on the
status of the rollout of digital broadcast services.
Public
broadcasters historically have been the leaders in using new technologies for
education and public service. We view
digital technology no differently. We
stand ready to harness this new technology to revolutionize how we fulfil our
core mission - to use the media to educate all Americans.
Public television stations are
committed to the digital transition and have made substantial progress toward
meeting the May 2003 construction deadline.
Today, two years before the deadline:
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28 public television stations are broadcasting a
digital signal that potentially reaches 37 percent of U.S. households with free
digital programming.
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Stations have raised
more than $381 million from state and local government partners.
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Stations
have generated more than $190 million through capital campaigns and individuals
in their communities.
Public television stations are
committed to using their digital channels to deliver non-commercial educational
programs and services to their local communities. Virtually every public station:
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has developed bold service plans that call for the
delivery of multiple educational services to their local communities;
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plans to deliver one if not more multicast digital
channels of formal educational services; and,
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is engaging in exciting new partnerships with local
community institutions to develop new digital content.
But public television cannot
complete the first step of this transition or deliver this new educational
content without federal support in two critical areas.
First, public
broadcasters are seeking a federal contribution of $699 million over five years
- to be matched by state and local funding - to help public television and
radio meet the staggering $1.8 billion cost of the digital transition.
Second, we seek
assurance from the FCC or Congress that all the multicast and interactive
services on our digital signals will actually reach the American viewers,
irrespective of whether they receive their local television over the air, by
satellite or via cable.
Harnessing Digital Technology
to Serve the Public
With
roots going back to the earliest days of radio and television, America's public
broadcasters have played a unique role in a media industry that is otherwise
built on consumer advertising and mass market entertainment. Into the 1960s, as
television evolved into three major networks and a handful of independent
commercial stations, publicly funded noncommercial television provided the one
clear alternative, focusing on education and culture, public affairs and the
performing arts. In 1967 Congress passed the Public Broadcasting Act as an
amendment to the Communications Act of 1934.
With this legislation Congress laid the cornerstone for the future of
noncommercial educational broadcasting.
Public television's core mission
will not change in a digital world. We will build on our track record of
providing the best programming and services to educate and enlighten audiences.
We also will continue to be leaders in using new technology for the public
interest. From satellite delivery of broadcast signals, to the development of
stereo broadcasting; from closed captioning and descriptive video services, to
video streaming and cutting edge interactive television trials, public
broadcasters have been inventors, innovators and blenders of technologies to
serve the public.
For well over a decade,
public television has guided the development, testing and implementation of
digital broadcasting. While digital
broadcasting is still a developing technology, one thing is clear - it is our
future - and we wholeheartedly embrace its opportunities. In a single digital channel, stations can
transmit a high definition program stream or multicast four or more channels of
standard definition program streams simultaneously along with a standard
definition program stream. Concurrent
with these video streams, stations can broadcast huge amounts of data, text,
graphics, audio and visual information in seconds. The data can be used
interactively to enhance the learning experience of the program, provide a
continuous flow of information (e.g., weather, emergency warnings, program
guides), or be downloaded for other educational purposes (e.g., course
materials, teacher and student guides, and teacher training materials).
Public television is committed to use digital
technologies to transform the way we learn - by providing the American public with educational services
how they want them, when they want them and where they want them - in homes,
schools, childcare facilities, and workplaces across America.
Multicast Digital Services - Unlocking Public Television's Public Service
Mission
Since receiving their
digital channels, public television stations have been engaged in systemwide
and station level planning. In 1997,
public broadcasting put forward a comprehensive plan for its digital conversion
to the Administration and Congress. We
set four broad systemwide goals for the use of digital technology - goals that
are founded on fully utilizing the multicasting capability of the digital
technology to expand and enhance services.
1.
To make the full
complement of Ready to Learn services available to every child, parent and
caregiver in America.
The PBS Ready to Learn
Service is currently meeting two national education goals: it teaches basic
reading skills and it helps prepare more children for school success. Its 133 participating stations cover over
94% of the country. In the past three
years, RTL public television stations have trained 370,000 parents and 250,000
teachers and caregivers, affecting approximately 6 million children.
2.
To expand
the reach of public television's K-12 educational programs and services by
making them universally available to all schools.
70%
of public television licensees provide K-12 programming in math, science, arts
and humanities. These services are
enhanced by:
PBS
TeacherSource, an online K-12 teacher resource with
line lesson plans, teacher guides and activities, correlated to more than 90
national and state standards; and,
PBS
Teacherline, online modules to enhance the learning
and teaching of K-12 mathematics.
3.
To increase
the reach of post secondary telecourses so that they are universally available
to all adult learners.
Collectively,
public television stations are the largest source of post secondary telecourses
in the nation. PBS Adult Learning Service (ALS) supports station-college
partnerships that offer distance learning credit-bearing telecourses, enrolling
more than 500,000 students in 1999-2000. GED on TV has enabled more than two million adults in
five years to earn their high school equivalency from home. The estimated positive economic impact of
these more productive workers exceeds $12 billion.
4.
To expand
our commitment to serving the un-served and under-served populations in our
country, those who because of economic, geographic, physical, cultural or
language barriers have been left behind by the commercial marketplace.
Public Broadcasting has pioneered the development of open and closed
captioning for the deaf and descriptive video services and reading services for
the blind or visually impaired.
Stations like WYBE, Philadelphia and WNVC, Fairfax provide programming
in multiple languages serving a variety of different ethnic cultures.
I
am pleased to report today that our stations throughout the country have turned
those systemwide goals into concrete and very bold and exciting service plans
tailored to their local communities. APTS maintains an
interactive clearinghouse of stations' plans for digital services. Our data show that virtually every public
television station in the country has developed digital service plans to meet
these and other goals. The centerpiece
of virtually every plan is the delivery of multicast services with a strong
focus on education.
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More than 95 percent of stations plan on
carrying at least one formal educational multicast service, including, for
example, adult continuing education, K-12 instructional programming, workforce
development & job training, or college/university telecourses.
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Three out of every four PTV stations plan to
carry at least two formal education multicast services.
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Approximately
85 percent of PTV stations plan to multicast a children's channel; 78 percent
intend to broadcast university-level or post-secondary telecourses; and 66
percent plan to multicast an instructional programming channel for students in
grades K-12.
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Others plan
to multicast channels that focus on local public affairs, teacher training,
foreign language programming, and programming aimed at minority and
under-served audiences.
As
WETA will demonstrate today, some of our digital stations are already
broadcasting multicast program streams.
Others are laying the groundwork for multicast broadcast services by
developing digital content for Internet, cable, satellite, and DVD
distribution. Virtually all stations
are aggressively building new coalitions with old and new partners - schools,
colleges, libraries, museums, and cultural, government, and civic groups - to
utilize digital technology to meet critical community needs.
PTV Digital Service Plans
-- Creating Local Solutions for
National Priorities
Realizing
National Educational Goals on a Local Level: While virtually every public
television station plans to deliver one or more formal educational multicast
channel, the specific educational services are tailored to meet local community
needs.
Florida public television stations have
promised the state legislature that they will collectively devote a
multicasting stream to the Florida Knowledge Network in return for digital
funding. This statewide educational
network will serve as a teacher training resource, linking Florida's classrooms
with direct access to the highest quality programming, electronic field trips,
and distance learning. Originating from the Florida State Department of
Education and school systems in 17 counties, the network will tailor
programming schedules and curriculum (e.g., GED, math, science, English, art,
music, and foreign language) for localized use.
New York's public television
stations plan to dedicate one of their multicast streams to an educational
service called the Empire State Channel. Developed with the
state Department of Education, the Empire State Channel will feature teacher
training, vocational instruction and public affairs programming. Among the goals of the Empire Channel are to
support such state initiatives as meeting New York's scholastic standards and
goals, expanding GED on TV and other lifelong learning programs, and developing
job skills for the transition from welfare to work.
Kansas, Missouri and Illinois public
television stations, in partnership with 350 school districts, have developed
"Chalkwaves," an Internet-based educational service designed to meet three
critical needs of the teachers in those states: high-quality, standards-linked
instructional aids, the training needed to use these aids effectively and the professional
development needed to earn required state credits. Chalkwaves, which currently serves more than 30,000 teachers and
over 350,000 students through the Internet, is laying the foundation for a
digital multicast service.
Providing Unserved and
Underserved with Access to Digital Technology: Today, public television stations, through
their nationwide system of transmitters and translators, serve 99 percent of
American households with an analog signal.
Public television stations that serve rural communities with a network
of analog translators are ideally positioned to bring the benefits of broadband
digital services to the most rural and remote areas of this country. A recent study by Idaho Public Television
shows that one-fourth of the Idaho residents would not be able to receive
high-speed data service even if their current facilities were DSL enabled. In contrast, Idaho PTV, if its existing
system of transmitters and translators were converted to digital, could reach
two-thirds of these households with broadband digital services. With requested federal support for the
transition of public television translators to digital, public stations will
bring multicast and data services to those geographically isolated.
KAET in Phoenix
plans to partner with KUAT in Tucson to dedicate one or two multicasting
channels to feeding math, science, geography and other educational programming
to 300 schools throughout the geographically diverse state. Directed by the
stations and funded by the state Department of Education and Arizona State
University, programming will include short, 15-minute clips that relate
directly to course materials, and teacher training. Program segments will be
accompanied by curriculum guides, instructional materials, and planning booklets
that can be downloaded to computers in the classrooms. These services are
intended to reach students in the farthest corners of Arizona, students who are
unable to be linked via telephone and fiber optic lines.
KNME
in Albuquerque is considering leasing part of its digital spectrum to the New
Mexico Department of Education to facilitate the delivery of educational
materials to the state's K-12 schools. The station will position itself as the
state's virtual classroom, providing curricular support and teacher training
opportunities for viewers separated by hundreds of miles. This arrangement
would allow the Department of Education to help with the costs of digital
conversion.
Public
television stations also plan to use the multicast capability to serve
populations under-served because of cultural, language or economic
barriers.
KBDI in Denver plans to launch a Latino
Initiative Channel. This channel would
feature programming for Denver's Spanish-speaking and bilingual community and
will emphasize news, public affairs, and social and cultural events. Potential partners include local community
service organizations, schools, commercial Spanish-language broadcasters, and
public service agencies.
WNYE in Brooklyn and WYBE in Philadelphia
plan to provide multicast foreign language and international channels to serve
the international residents in their respective cities. The WNYE multicast channel will feature
programming in at least 12 different languages, including Japanese, Chinese,
Italian, Greek, Polish, and Eastern European languages. Digital multicast will
allow WYBE, which currently serves more than ten ethnic communities in
Philadelphia, to further expand the reach of its ethnic language
programming. Both stations will offer
public affairs, local news, international news and cultural programming from
countries around the world.
To
meet the needs of elderly viewers, WHYY in Philadelphia plans to create a Home
Companion Service aimed at the growing population of aging Americans. Although designed to appeal to all members
of the senior community, it will be directed primarily toward the homebound for
whom activities and contact with the outside world are limited.
Partnering
with Local Institutions to Solve Local Community Problems: A key characteristic
of public television's digital planning is localism. In an age of increasing
media consolidation, public television stations remain the only locally owned,
locally operated television service in many communities. Consequently, several
PTV stations are planning "local" channels, focusing on specific community
needs.
Vermont Public Television plans a Vermont
Public Service Channel, which would provide regular coverage of the state
legislature, important legislative committee hearings and other statehouse-related
programs, as well as local government town meetings and debates. Additional
programming might include call-in programs with the Vermont congressional
delegation, travel and tourism information, and other local news and public
affairs programming.
KEET in Eureka, California, plans to
partner with local non-profits, arts organizations and social service agencies
to develop and broadcast programming for a North Coast Channel. This
programming would include documentaries and history specials specific to that
region of the state. The North Coast Channel will also feature collaborations
with hospitals, arts councils, employment agencies, and the chamber of
commerce. These partnerships would yield shows focusing on health care, arts
performances, employment opportunities, and highlights of tourist attractions.
Realizing the Promise of Digital: A True Public-Private Partnership
Public television stations can only realize their plans
to harness digital technology to enhance educational opportunity for all
Americans with federal support.
Public broadcasters have been aggressively seeking financial support
from a range of public and private sources, foundations and corporations, loyal
viewers and entrepreneurial endeavors, and state and local government partners.
To date, stations have raised more than $381 million from state and local
government partners; and more than $190 million through capital campaigns and
individuals in their communities. While this show of support from local sources
is vitally important, it cannot replace federal funding. In most state
legislatures, the DTV funding was provided with an expectation that it would be
matched by federal funds. Some state funding, in fact, is conditional upon a
federal contribution.
Likewise, public broadcasters, since their initial request in 1997,
have sought authorization and annual federal appropriations to support their
digital transition. While there was
bipartisan recognition of the need for federal support, the federal government
to date has only made a modest contribution to fund public television's digital
transition. We acknowledge and
appreciatethe leadership of Chairman Tauzin in
introducing H.R. 2384, the Public
Broadcasting Act of 1999, which authorized digital funding through PTFP and
CPB, and the previous administration's inclusion of a five-year,
$450 million package in its
budget. Yet PTFP grants for digital
television equipment totaled only $19 million in FY 1999 and 2000; and it is
yet to be determined what portion of the FY 2001 PTFP appropriation of $43.5
million will be allocated for digital transmission equipment. This lack of
adequate support is particularly threatening given the government's mandate to
build DTV facilities by 2003 and to switch from analog to digital by 2006.
The
federal government must play its historic leadership role in underwriting a
portion of public broadcasting's digital transition. The government's failure to make this investment will have direct
consequences. Millions of Americans may be deprived of the enormous educational
promise of digital television. Many of
the smaller and rural stations may be unable to make the transition at all.
The public
broadcasting industry has updated its costs for the digital transition. Balancing reductions for the stations
currently on the air against additions for increased costs, public broadcasters
estimate the total costs of conversion for both television and radio at $1.8
billion.
Public broadcasters
are seeking $699 million over five years in federal assistance, 48 percent of
the total estimated conversion costs. (This would cover television and radio
transmitters and translators, and minimal production equipment at each station,
supplemented by more fully equipped regional production centers.) We are seeking all of these digital funds
through the Public Telecommunications Facilities Program (PTFP) at the
Department of Commerce.
5 Year Authorization Request
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Year-by-Year Request
($ millions, fiscal year)
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2002
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2003
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2004
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2005
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2006
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TV Transmission
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486
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324
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|
|
|
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TV Translators
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|
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34
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34
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|
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TV Production
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|
|
151
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151
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151
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Digital Radio
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12
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35
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58
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11
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|
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Total
cost
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497
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359
|
243
|
197
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151
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Total
cost plus contingency
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544
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386
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253
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228
|
181
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REQUEST
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256
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183
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107
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87
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66
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There is an immediate
and urgent need for a significant commitment of digital funding from Congress
this year. A total of $256 million is needed for FY 2002 and $183 million in FY
2003 to allow stations to attempt to comply with the FCC's 2003 construction
deadline. Even aggressive front-loading
of funds would require the FCC to grant some waivers from the deadline. The FY 2003 PTFP grants will not be issued
in time to allow stations to meet the 2003 deadline. Moreover, equipment manufacturers and engineering firms simply
cannot handle the broadcasters' backlogged demand for equipment and tower
construction.
Included in the
request is $33 million (to be allocated in FY 2004 and 2005) to cover the
estimated $68 million cost of converting the public television translators
throughout the country. These translators are critical vehicles to provide
broadband digital services to rural and under-served communities.
On behalf of our public broadcast stations,
we seek quick authorization of the five-year digital funding request as well as
reauthorization of the stations annual operating funds through CPB.
Realizing the Promise of Digital: Supportive Federal Policies
The Commission's recent must carry decision - rendered in the
final hours of Chairman Kennard's tenure, with little deliberation and virtually
no opportunity for industry input - would, if left intact, nullify the public's
opportunity to benefit from the digital services that public television stands
ready to provide.
We have serious concerns about many elements of the decision,
but two are particularly disturbing: the FCC's determination that cable
operators are required to carry only one multicast digital channel of a
digital-only station; and the FCC's "tentative decision" that dual
analog/digital carriage is unconstitutional, notwithstanding its
acknowledgement that it needs further information.
We ask Congress to clarify that the FCC has discretion under
the 1992 Cable Act to require carriage of all multicast digital program
streams, and, if necessary, clarify that Congress mandated dual analog/digital
carriage in the 1992 Cable Act.
Clarify Primary Video: If allowed to stand, the FCC's narrow definition of "primary
video" - that is entitled to carriage - as only a single multicast digital
stream would have broad ranging public policy consequences:
§
It would undermine public television stations' plans to
provide a wide range of multicast educational services to their
communities. Although the primary video
decision applies only to stations that are operating in a digital-only mode
(which will generally occur only after the transition), it will have an
immediate crippling effect on public television's plans to optimize the
educational potential of multicast services.
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It would undermine local stations' ability to raise
funds for the digital transition.
Stations' efforts to raise funds from state and local government
entities and from their local communities are founded on their commitments to
deliver multiple educational services on a universal basis to their states and
local communities.
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It would threaten the viability of free local digital
public television. Local stations
depend on viewer support to survive, therefore carriage of a public station's
full range of non-duplicative digital program services is essential.
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It would undermine rather than facilitate public
stations' negotiations with cable MSO's for the voluntary carriage of digital
signals. As such, it is contrary to the Commission's and Congress' stated goals
of facilitating voluntary carriage agreements.
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It would frustrate the delivery of local public affairs
programming, children's programming, programming related to the political
process, programming designed to serve diverse segments of local communities,
and programming fully accessible to persons with disabilities.
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It would prematurely build in a regulatory disincentive
to the development of the fullest and best use of digital technology, and
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It would delay the speedy transition to digital
broadcast, and the return of the analog spectrum, by limiting access to
multiple digital services that will encourage consumer acceptance of digital
technology.
We welcome the support of members of Congress on two
alternative fronts. First, we ask
Congress to clarify, in the context of public television's petition for FCC
reconsideration on this issue, that the FCC has discretion under the statute to
interpret the "primary video" carriage requirement in the 1992 Cable Act to
include all free over the air multicast digital streams. Second, in the event
the FCC declines to reconsider its decision, we ask Congress for legislation
clarifying that "primary video," as applied to carriage of digital signals,
consists of all free over-the-air multicast digital streams that can be
delivered within a public broadcaster's 6 MHz digital channel.
Clarify Dual/Analog Carriage Requirement: We also
believe that the FCC's "tentative decision" - that carriage of both a station's
analog and digital signals during the transition is unconstitutional - is
unwarranted and will have serious unintended public policy consequences. The Commission stated that it needed
additional and updated information in the record before reaching a final
decision. Yet it reached a "tentative
decision" that cannot be reviewed in the courts, and that unnecessarily and
prematurely slants the debate on the future of must carry protection in favor
of the cable operators.
Cable carriage of broadcasters' digital signals is the only
viable means for public television stations to get their digital broadcast
services to the public during the transition.
Cable serves 70% of American households or about 177 million viewers,
and will be the first to reach any significant penetration of digital services
in American homes. Cable operators
predict that by 2006 they will be providing digital services to approximately
42% of their subscriber households.
In contrast, over-the-air reception of digital signals will
not, as a practical matter, be available to the public for some time into the
transition. As other witnesses will
testify, a range of factors can be cited for the delay in the rollout of
digital broadcast services, including: poor receiver performance; lack of
receiver penetration in the marketplace; lack of digital reception capability
in receivers; lack of compatibility between cable boxes and digital receivers;
lack of industry agreement on copyright protections; and, tower, equipment and
funding issues that have delayed construction of digital broadcast
facilities. The reality is that cable
carriage of all free over-the-air program streams on cable systems during the
digital transition is essential to ensure that millions of Americans have
access to the full range of multicast educational services public television
stations plan provide.
We plan to provide the Commission with the additional
information it requests on cable capacity and other issues. We also plan to show that a dual
analog/digital carriage requirement can be tailored for public television
stations in a manner that serves important government interests without unduly
burdening cable operators' First Amendment interests. We will keep members of
Congress informed as we proceed with our efforts to secure an appropriate
transitional carriage provision before the FCC. Although we believe that Congress already clearly mandated dual
carriage in the 1992 Cable Act, we may be returning to Congress to seek
legislation requiring cable carriage of digital broadcast signals during the
transition.
Other
Digital Policy Issues: In addition to ensuring that cable
subscribers have access to public
television digital channels - both during the transition and beyond -- Congress can take other important steps to
speed the transition and to help resolve the outstanding issues that are
impeding its rollout. Our proposed
actions on these issues is outlined in the attached August, 16, 2000, letter to
Chairman Tauzin, which was sent in response the Chairman's question as to what
actions Congress could take to speed up the transition.
Conclusion
For more than 30 years Congress
has invested wisely in public broadcasting. We now have a strong system of
public television stations that reaches 99 percent of American households,
giving viewers tools to improve and enrich their lives. The public service promise of new digital
technology is enormous:
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for children to provide a dedicated stream of
nonviolent, educational and entertaining programs, commercial-free and
free-of-charge;
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for parents and schools to better educate children;
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for colleges and universities to reach out beyond their
campus walls;
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for students of all ages to have access to
lifelong learning;
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for under-served audiences whose income,
geography, culture or disability threatens to cut them off from the digital
promise;
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for citizens who feel alienated from their
local, state or federal governments; and
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for public service organizations seeking to
build a sense of civic connection and commitment.
But realizing this
potential and remaining a viable service provider in the digital age is fully
dependent on a renewed federal investment and federal policies that insure
access to all digital services. Public television stands ready with service
plans, matching state and local grants, and community-based content partners to
fully utilize this technology for public service. Investing in public
television's digital conversion and providing for cable carriage of our
nation's public television stations would make digital service universally
available, support models for new and innovative digital programs and services,
boost the quality and quantity of digital programs, and accelerate the digital
transition. Failure to invest in the public television's digital transition
will not only miss this opportunity to support public television's digital
leadership, but will fundamentally jeopardize public television's future
viability.
Total
figures may vary slightly due to rounding.
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