Boucher voices digital concerns

Political player worried about transition

By WILLIAM TRIPLETT

Though the hard date for the switch to all-digital television broadcasting is fixed and won't change, at least one influential lawmaker is "deeply concerned" that the result could be a trainwreck.

In a luncheon speech to the Media Institute on Thursday, Rep. Rick Boucher (D-Va.), a senior member of the House Energy and Commerce Committee as well as House Judiciary Committee, said that he could "only pray" that the DTV transition goes smoothly. And noting that the current fed subsidy for digital-to-analog converter boxes some viewers will need to buy is insufficient, Boucher said will seek more public coin to help compensate.

Boucher also revealed that his controversial bill addressing fair use of copyrighted digital content may be attached to larger legislation moving through the House. The entertainment industry is largely opposed to the bill, which insiders believe will be a boon for pirates.

While praising government planners for sticking with the proposed hard date - Feb. 18, 2009 - which gives all parties affected a clear deadline, Boucher said "challenges remain. In fact, it seems there's a new one every week."

Boucher said the existing converter box subsidy - roughly $1 billion in coupons, with some $500 million in reserve for limited distribution - will not cover the estimated 70 million analog TV sets that will need converters. Any analog television that is not connected to a cable or satellite system - and is thus over-the-air dependent - will need a converter to keep functioning.

Boxes are expected to cost between $50 to $70; the government will be issuing coupons worth $40 to help defray the cost.

Also, because of limited range of digital signals, roughly 10% of existing home antennas will have to be replaced with more powerful ones.

To help offset all costs that consumers will have to bear, Boucher said he will introduce legislation that would increase the subsidy. He said was not sure yet how much money he will request via legislation, but he did make clear that he intended to get the cash from the Federal Communications Commission's ongoing auction of the 700mhz spectrum, which has already totaled $20 billion in bids.

Citing surveys showing most Americans are ill-informed about the switch, Boucher also decried the $5 million that Congress has allotted for a public education and outreach campaign. FCC chairman Kevin J. Martin has proposed increasing that amount to $20 million, but Boucher said even that is "woefully inadequate."

Asked about HR 1201, a bill that loosens some protections stated in the Digital Millennium Copyright Act and that Boucher introduced several years ago, Boucher said he had gotten used to criticisms, usually from the content community, saying the bill opens up possibilities for piracy.

"I am just trying to preserve fair use," he insisted, adding that the bill, which has been languishing, is stoutly against piracy.

Per the DMCA, any circumvention of copyright protection on digital content without permission is prohibited. Boucher would like to exempt "fair use," which he defines as involving educational and other similar, noncommercial purposes.

"There is some talk about advancing some or all of 1201 in conjunction with other intellectual property measures" currently moving through the House, he said. "It could be part of a larger package. But I haven't signed off on that yet."