Audio Broadcast Flag Licensing Act of 2006 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require and enforce, in conjunction with the in-band, on-channel technical standard for digital audio broadcast transmissions under consideration, that: (1) all technologies necessary to make transmission and reception devices compliant with such standard are licensed on reasonable and nondiscriminatory terms; (2) such licenses include prohibitions against unauthorized copying and redistribution of transmitted content through the use of a broadcast flag or similar technology; and (3) FCC licensees providing digital audio broadcast service comply with such prohibitions. Mandates the same requirements with respect to FCC regulation of satellite digital audio radio services (SDARS) pursuant to FCC rules. Provides limitations with respect to the adoption of any digital audio regulations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4861 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4861
To authorize the Federal Communications Commission to impose licensing
conditions on digital audio radio to protect against the unauthorized
distribution of transmitted content.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2006
Mr. Ferguson (for himself, Mr. Towns, Mrs. Bono, Mr. Gordon, and Mrs.
Blackburn) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To authorize the Federal Communications Commission to impose licensing
conditions on digital audio radio to protect against the unauthorized
distribution of transmitted content.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audio Broadcast Flag Licensing Act
of 2006''.
SEC. 2. LICENSING OF DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL
AUDIO BROADCASTING.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 342. GRANT OF LIMITED AUTHORITY REGARDING THE LICENSING OF
DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL AUDIO
BROADCASTING.
``(a) Grant of Authority.--The Commission has authority--
``(1) to require and enforce, subject to subsections (b)
and (c), in conjunction with the in-band, on-channel technical
standard for digital audio broadcast transmissions under
consideration in MM Docket No. 99-235, or any successor
regulations, that--
``(A) all technologies necessary to make
transmission and reception devices compliant with such
technical standard are licensed on reasonable and
nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing digital
audio broadcast service shall give effect to and comply
with such prohibitions; and
``(2) to require and enforce, subject to subsections (b)
and (c), as part of its regulation of satellite digital audio
radio services (SDARS) pursuant to part 25 of the Commission
rules, or any successor regulations, that--
``(A) all technologies necessary to make
transmission and reception devices capable of receiving
satellite digital audio radio transmissions are
licensed on reasonable and nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing
satellite digital audio radio services shall give
effect to and comply with such prohibitions.
``(b) Disclosure.--Any rules and regulations promulgated pursuant
to subsection (a) that apply to the use of transmissions, or content
therein, shall require the full disclosure of any information required
to enable the manufacture of compliant devices.
``(c) Limitations on Regulations.--The adoption of any digital
audio regulations pursuant to this section--
``(1) shall not delay the adoption of final operational
rules for digital audio broadcasting;
``(2) shall not make obsolete any devices already
manufactured and distributed in the marketplace before the
implementation of such regulations; and
``(3) shall not be inconsistent with the customary use of
broadcast content by consumers to the extent such use is
consistent with the purposes of this act and other applicable
law.
``(d) Revisions Permitted.--The Commission may reconsider, amend,
repeal, supplement, and otherwise modify, in whole or in part, any
regulations adopted pursuant to subsection (a) in order to further the
purposes of this section, except that any change in such regulations
shall employ a broadcast flag or similar technology as the means to
achieve those purposes.
``(e) Activities of Performing Rights and Mechanical Rights
Organizations.--Nothing shall preclude or prevent a performing rights
organization or a mechanical rights organization, or any entity owned
in whole or in part by, or acting on behalf of, such organizations,
from monitoring public performances or other uses of copyrighted works
contained in such transmissions. The Commission may require that any
such organization or entity be given a license on either a gratuitous
basis or for a de minimus fee to cover only the reasonable costs to the
licensor of providing the license, and on reasonable, non-
discriminatory terms, to access and retransmit as necessary any content
contained in such transmissions protected by content protection or
similar technologies, provided that such licenses are for purposes of
carrying out the activities of such organizations or entities in
monitoring the public performance or other uses of copyrighted works
and that such organizations or entities employ reasonable methods to
protect any such content accessed from further distribution.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Telecommunications and the Internet.
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