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H.R.___, Regarding the Transition to Digital Television

Subcommittee on Telecommunications and the Internet
September 25, 2002
10:00 AM
2322 Rayburn House Office Building 

 

Mr. Robert C. Wright
Chairman & CEO
NBC, Inc.
30 Rockerfeller Plaza
New York, NY, 10112

Introduction:  THE DTV TRANSITION THROUGH CONSUMERS' EYES

Subcommittee Chairman Upton and Congressman Markey, Full Committee Chairman Tauzin and Congressman Dingell, and Members of the Subcommittee, thank you for giving me the opportunity to present NBC's views on America's transition to digital television.  I and other senior NBC executives have been privileged to appear before this Subcommittee several times over the past decade to discuss digital television service, and I welcome the chance to provide a fresh look at where things stand and what remains to be done to complete successfully the conversion to digital television.

As the Members of this Subcommittee are all too aware, the DTV transition is not moving forward as rapidly as many of us would like. There are a number of unresolved issues, the complexity of which, either from a legal, technical or business perspective, is daunting.  May I suggest with full appreciation for the enormous resources that have been and continue to be devoted by so many to this effort, that we take a step back and view this transition in very  basic terms. 

First, what is our goal?  The Congress and especially this Subcommittee has been clear that we should strive to complete the digital television conversion as quickly as possible, targeting the end of 2006.  The staff discussion draft released last week reaffirms that determination.  That means DTV penetration must be accelerated and ubiquitous.  At NBC, that is our operating assumption. 

How do we achieve that objective?  The answer ultimately lies with the consumer.  All of us here today have promised a great deal to consumers about the wonders of the digital television revolution. We must deliver on our promises.  We must justify the investments we are asking consumers to make to adopt digital television.

What will it take for consumers to embrace digital televisions?  First, the consumer must get better content than their analog television experience.  Second, consumers should be able to gain access to digital television in the same manner, and with the same ease, that they have become accustomed to in the analog world, whether they receive their television over-the-air or over cable or satellite.  Third, consumers should receive greater and certainly not less functionality in their consumer electronics products, including display and recording devices.  Finally, the transition must be affordable. 

How do we fulfill these consumer-friendly objectives?  I suggest that we do not need to and should not reinvent the wheel.  The analog television model has served our nation extremely well. We have nearly 100 percent analog television penetration.  So let's take a look, from the consumer's perspective, at the analog television experience, what makes it as widely accepted as it is today, and then let's apply those lessons to DTV.

Today, a consumer can walk into a retailer such as Circuit City and purchase a very affordable, decent-sized, analog television set.  There's never any question in the consumer's mind about certain things - for instance, that the television will receive all over-the-air signals and that it will be portable anywhere in the U.S.  If that consumer desires cable, he or she will be able to plug their cable ready television into the cable, without a set-top box - again, a functionality that television will have anywhere in the U.S., with any cable system to which they may subscribe.  They also will receive local broadcast signals, unencrypted, on a low-cost basic tier, and they will receive those signals without degradation. It's simple.  It's easy.  It's affordable.  It's complete.  Our analog television experience today, as "low-tech" as it might be compared to the wonders of digital technology, provides an invaluable model for how to drive consumer acceptance and use of this new form of television technology.

Let's deal with some specifics of how we implement or, where necessary, adapt the analog model to the digital universe.

HIGH QUALITY CONTENT

Exciting, high quality content will drive consumer acceptance of digital television.  Certainly, high definition will play an important role because of the dazzling video and audio clarity it offers viewers.   Digital technology, however, also creates the possibility of new programming forms, utilizing accompanying data, graphics, and different camera angles to educate and entertain the viewer and to make television a far more interactive and informative experience than it is today.  Broadcasters need to explore and experiment with the full panoply of programming opportunities to develop the optimum mix for their viewers.

NBC and the other major broadcast networks are ramping up our high definition programming.  NBC has invested approximately $100 million in facilities and infrastructure to make available high definition programming.  NBC, like CBS, broadcasts high definition in the 1080i format, providing the highest resolution possible.  NBC plans to increase its high definition programming to 60 percent of its prime time and late night lineup, plus special events, movies and sports.  CBS and ABC already are meeting or exceeding Chairman Powell's HDTV targets set forth in his April 2002 voluntary initiative.  Fox promises other high-value content. 

Content owners simply will not continue to release high definition and other high quality programming unless they have confidence that the digital works they release, regardless of the distribution method, are protected from illegal piracy, and especially from instantaneous, unauthorized retransmission over the Internet.  Although piracy of copyrighted works has been a problem in the analog world, it is far more acute with DTV where it is possible to make nearly unlimited copies of digital content without degradation.  NBC supports the use of the broadcast flag as an acceptable means, technically, for protecting over-the-air digital content.  But let's remember that the flag itself is just a data bit.  To work as it is intended, there must be an enforcement mechanism for digital television receivers and other consumer electronics and computer equipment to recognize and respect the broadcast flag when it is present.  Encryption and/or watermarking can and should also respect the traditional expectations of consumers to record and otherwise use digital broadcast content for noncommercial purposes within their digital networks.

High Definition and Other High Quality Digital Programming Must Be Made Available to Viewers By Network Affiliates, Cable and Satellite

Broadcast Affiliate Responsibilities

If the broadcast networks' commitments to provide HDTV and innovative multicast programming is to translate into a revolutionary viewing experience for consumers, the digital broadcast signal - in all its richness and variety - must reach consumers.

NBC's owned and operated stations are leading the way.  A majority of them are transmitting full power digital broadcast signals, and we expect that problems hindering the others, such as the siting difficulties in New York following the September 11, 2001 terrorist attacks on the World Trade Center, will be resolved within a year.  Additionally, NBC is focused on integrating our newly acquired Telemundo stations into our digital plans. 

Within the broadcast world, however, tens of millions of viewers will not be able to enjoy high definition programming unless network affiliates pass through the HD signal.  High definition is negated if a network affiliate only retransmits the network feed in standard definition.  In that respect, I am very pleased that the Committee staff discussion draft requires affiliates to pass through our high definition feeds without degradation.  Broadcasters must purchase the necessary equipment to do so.  Similarly, affiliates must be broadcasting at sufficiently high power so that viewers who now receive a good over-the-air analog signal also can receive a digital signal.  It is not enough that a small subset of viewers living close to a tower receive HDTV broadcasts.  Suburban and rural consumers also must realize those benefits. 

Cable and Satellite Carriage       

A rapidly decreasing number of American TV households are receiving broadcast programming over the air.  Roughly 70 percent receive it over cable and perhaps another 10 to 15 percent receive it over satellite.  For those viewers whose primary television set in the home is hooked up to cable or DBS, it is critical that they are able to view and use all of the programming and data services broadcasters provide as part of their DTV offerings.  

Although NBC's owned and operated stations, and the vast majority of its affiliates, obtain cable carriage through retransmission consent agreements, the FCC rules governing must carry are important in establishing fundamental parameters for these agreements.  Again, the analog model for must carry codified in the 1992 Cable Act is an excellent starting point.  It is essential that the concept of digital must carry encompass carriage of the entirety of the broadcast signal, including all video, audio and data.  Virtually every conceivable business model for broadcaster utilization of digital technology envisions some multicasting - in addition, in most instances, to HDTV.  Multicasting increases diversity in programming.  It increases competition.  It is good for consumers, who will benefit from increased amounts of educational and information programming.  Similarly, broadcasters can use digital technology to offer data, providing such "value-added" features as statistics, related articles or scholarly works transmitted with digital programming.  Cable consumers should have guaranteed access to the full breadth of technological and information benefits that DTV offers.  Thanks to advances in digital compression, a cable operator will be able to fulfill such a carriage obligation using approximately half the capacity on its digital cable system that it currently uses to provide carriage of an analog broadcast signal.

Similarly, as in analog, it should be very clear that cable and DBS operators should not degrade the HDTV broadcast signal as they retransmit it to their subscribers.  Again, the principle should be clear: the viewer should receive the high definition signal the broadcaster sends.

Consumers Must Have Access to The Receiving Equipment They Need to View High Definition and Other High Quality Digital Programming.

The final piece of the puzzle to assure consumer satisfaction is the widespread availability of digital television receivers at progressively more affordable price points.  This equipment can range from simple digital to analog converters to be used with existing analog television sets, all the way to 65-inch fully featured, integrated DTV receivers.

Just last month, the FCC took a very important step in this direction by requiring consumer electronics manufacturers to incorporate digital tuning capability in their television sets and VCRs on a phased-in schedule to be completed by July 1, 2007.  We join Congressman Markey, who has urged the Congress and the FCC to adopt such a requirement for the past five years, in applauding the FCC's decision.  This will expedite the DTV transition and is essential to those viewers receiving DTV broadcasts over the air.

But what of the viewer receiving DTV broadcasts over cable?  Today, approximately 50 percent of cable subscribers receive their programming without a set-top box by simply plugging "cable-ready" television sets in to the cable coming out of the wall.  We must be able to replicate that "plug and play" compatibility for digital television.  Again, the analog model applies.  When a consumer seeking to purchase a digital television receiver walks into a retail store like Circuit City and asks the salesperson, "does it work with cable?", the salesperson must be able to give a one-word, unequivocal answer: "Yes."

Conclusion

For the past 15 years, the Energy and Commerce Committee and the Telecommunications Subcommittee, first under the leadership of Chairmen Dingell and Markey and now under Chairmen Tauzin and Upton, have provided constant and inspired leadership in developing advanced television services.  Last week's release of the staff discussion draft of omnibus DTV legislation continues that honorable tradition.  It addresses in some fashion many of the points in my testimony.  There is a placekeeper for multicasting that I hope ultimately will be filled in consistent with my testimony.  NBC has concern about the 2006 "hard" deadline for cut-off of analog transmissions that is proposed in the draft, because of its potential to disenfranchise millions of consumers.  Notwithstanding this reservation, the draft legislation makes clear that there must be increased and accelerated inter-industry cooperation to resolve all outstanding issues in the DTV transition or Congress and the FCC will resolve them for us.  NBC hears the message, and is prepared to rededicate itself to accelerating the conversion to digital television.

The way to get there is to look at the challenges through the eyes of consumers, building upon the analog model that has served our nation so well.  Consumers must get something not just somewhat better than what they currently have, but rather something that lives up to what they've been promised: a revolutionary improvement - in terms of quality, flexibility and diversity - in their television experience.  It is time to get the job done, but as importantly, we must get the job done right.

I welcome any questions that you may have.

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