Sure, Yes, We'd Like That
The Chairman of the FCC, Kevin Martin, recently wrote a brief letter to Sen. Frist:
You asked whether Congress should consider the scope of the Commission's authority to implement content protection rules for digital broadcast radio together with the scope of the Commission's authority to do the same for digital broadcast television. . . .
The increasing use of digital technologies by both radio and television broadcasters raises almost exactly the same content security concerns. Thus, while I respect that ultimately Congress will decide precisely when and how to legislate in this area, to the extent that Congress provides the FCC with authority to address content protection over one digital broadcast platform, it would be helpful for the Commission to have similar authority over the other broadcast medium, as well.
The rationale behind the broadcast flag was that it was essential to further the transition to digital television. Digital radio doesn't have the same policy framework. But now the two are tied together. If Congress goes along and gives the Commission the authority it seeks (details here), we'll be in a brave new world of ad hoc technical mandates for devices promulgated by the FCC.
I appreciate the “it would be helpful” phrase used by Martin. Sure, yes, it would be helpful to have the broadest possible powers over all possible devices that have anything remotely to do with digital content. And all applications. And all online access routes. And all uses of data in connection with those services. We're the FCC, and we're here to help.
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