Broadcast flag

Bits in a digital television program that indicates recording restrictions

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A broadcast flag is a bit field sent in the data stream of a digital television program that indicates whether or not the data stream can be recorded, or if there are any restrictions on recorded content. Possible restrictions include the inability to save an unencrypted digital program to a hard disk or other non-volatile storage, inability to make secondary copies of recorded content (in order to share or archive), forceful reduction of quality when recording (such as reducing high-definition video to the resolution of standard TVs), and inability to skip over commercials.

In the United States, new television receivers using the ATSC standard were supposed to incorporate this functionality by July 1, 2005.[citation needed] The requirement was successfully contested in 2005 and rescinded in 2011.

## FCC ruling

[edit]

Officially called "Digital Broadcast Television Redistribution Control," the FCC's rule is in 47 CFR 73.9002(b) and the following sections, stating in part: "No party shall sell or distribute in interstate commerce a Covered Demodulator Product that does not comply with the Demodulator Compliance Requirements and Demodulator Robustness Requirements." According to the rule, hardware must "actively thwart" piracy.

The rule's Demodulator Compliance Requirements insists that all HDTV demodulators must "listen" for the flag (or assume it to be present in all signals). Flagged content must be output only to "protected outputs" (such as DVI and HDMI ports with HDCP encryption), or in degraded form through analog outputs or digital outputs with visual resolution of 720x480 pixels (EDTV) or less. Flagged content may be recorded only by "authorized" methods, which may include tethering of recordings to a single device.

Since broadcast flags could be activated at any time, a viewer who often records a program might suddenly find that it is no longer possible to save their favorite show. This and other reasons lead many[who?] to see the flags as a direct affront to consumer rights.

The Demodulator Robustness Requirements are difficult to implement in open source systems. Devices must be "robust" against user access or modifications so that someone could not easily alter it to ignore the broadcast flags that permit access to the full digital stream. Since open-source device drivers are by design user-modifiable, a PC TV tuner card with open-source drivers would not be "robust".

The GNU Radio project already successfully demonstrated that purely software-based demodulators can exist and the hardware rule is not fully enforceable.

## Current status

[edit]

In American Library Association v. FCC, 406 F.3d 689 (D.C. Cir. 2005),[1] the United States Court of Appeals for the D.C. Circuit ruled that the FCC had exceeded its authority in creating this rule. The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy-protection technology because the FCC only has authority to regulate transmissions, not devices that receive communications. While it is always possible that the Supreme Court could overturn this ruling, the more likely reemergence of the broadcast flag is in legislation granting such authority to the FCC.

On May 1, 2006, Sen. Ted Stevens inserted a version of the Broadcast Flag into the Communications, Consumer's Choice, and Broadband Deployment Act of 2006.[2] On June 22, 2006 Sen. John E. Sununu offered an amendment to strike the broadcast and radio flag,[3] but this failed and the broadcast-flag amendment was approved by the Commerce committee. Nonetheless, the overall bill was never passed, and thus died upon adjournment of the 109th Congress in December 2006.

On May 18, 2008, News.com reported that Microsoft had confirmed that current versions of Windows Media Center shipping with the Windows family of operating systems adhered to the use of the broadcast flag, following reports of users being blocked from taping specific airings of NBC programs, mainly American Gladiators and Medium. A Microsoft spokesperson said that Windows Media Center adheres to the "rules set forth by the FCC".[4]

On August 22, 2011, the FCC officially eliminated the broadcast flag regulations.[5]

## Related technologies

[edit]

### Radio broadcast flag and RIAA

[edit]

With the coming of digital radio, the recording industry is attempting to change the ground rules for copyright of songs played on radio. Currently, over the air (i.e. broadcast but not Internet) radio stations may play songs freely but RIAA wants Congress to insert a radio broadcast flag. On April 26, 2006, Congress held a hearing over the radio broadcast flag. Among the witnesses were musicians Anita Baker and Todd Rundgren.

### European Broadcast Flag

[edit]

At present no equivalent signal is typically used in European DVB transmissions, although DVB-CPCM would provide such a set of signal as defined by DVB-SI, usable on clear-to-air television broadcasts. How adherence to such a system would be enforced in a receiver is not yet clear.

In the UK, the BBC introduced content protection restrictions in 2010 on Free to Air content by licensing data necessary to receive the service information for the Freeview HD broadcasts.[citation needed] However the BBC have stated the highest protection applied will be to allow only one copy to be made.[citation needed]

### ISDB

[edit]

ISDB broadcasts are protected as to allow the broadcast to be digitally recorded once, but to not allow digital copies of the recording to be made. Analog recordings can be copied freely. It is possible to disallow the use of analog outputs, although this has yet to be implemented. The protection can be circumvented with the correct hardware and software.

### DVB-CPCM

[edit]

The Digital Video Broadcasting organization is developing DVB-CPCM which allows broadcasters (especially PayTV broadcaster) far more control over the use of content on (and beyond) home networks.[citation needed] The DVB standards are commonly used in Europe and around the world (for satellite, terrestrial, and cable distribution), but are also employed in the United States by Dish Network.[citation needed] In Europe, some entertainment companies were lobbying to legally mandate the use of DVB-CPCM.[citation needed] Opponents[who?] fear that mandating DVB-CPCM will kill independent receiver manufacturers that use open source operating systems (e.g., Linux-based set-top boxes.)

### Pay-per-view use of broadcast flag

[edit]

In the US, since April 15, 2008, pay-per-view movies on cable and satellite television now are flagged to prevent a recording off a pay-per-view channel to a digital video recorders or other related devices from being retained after 24 hours from the ordered time of the film. This is the standard film industry practice, including for digital rentals from the iTunes Store and Google Play. Movies recorded before that point would still be available without flagging and could be copied freely, though as of 2015 those pre-2008 DVR units are well out-of-date or probably non-functional, and the pay-per-view concern is moot for all but special events, as nearly all satellite providers and cable providers have moved to more easily restricted video on demand platforms; pay-per-view films have been drawn down to non-notable content.[citation needed]

## See also

[edit]

* CGMS-A
* Copy Control Information
* Digital Millennium Copyright Act
* Digital rights management
* Digital Transition Content Security Act
* Family Entertainment and Copyright Act
* Evil bit
* Image Constraint Token
* Selectable Output Control
* Serial Copy Management System

## References

[edit]

1. ^ "USCA-DC Opinions - Search - 04-1037b.pdf" (PDF). Pacer.cadc.uscourts.gov. Retrieved 2012-01-12.
2. ^ Stevens, Ted (2006-05-01). "Communications, Consumer's Choice, and Broadband Deployment Act of 2006" (PDF). Archived from the original (PDF) on 2006-07-02. Retrieved 2006-07-07.
3. ^ "Sen.John E. Sununu amendment". Publicknowledge.org. Archived from the original on 2006-07-01. Retrieved 2012-01-12.
4. ^ Sandoval, Greg (2008-05-18). "Microsoft confirms Windows adheres to broadcast flag". News.com. Retrieved 2012-01-12.
5. ^ "FCC eliminated rules". Politico.com. 22 August 2011. Retrieved 2012-01-12.

* "Digital Broadcast Television Redistribution Control" (PDF). Federal Communications Commission. Archived from the original (PDF) on 2007-09-29. Retrieved 2007-04-05., October 1, 2005.

## External links

[edit]

* Copyright Protection of Digital Television: The “Broadcast Flag”
* Electronic Frontier Foundation's Broadcast Flag page
* The Broadcast Flag and "Plug & Play": The FCC's Lockdown of Digital Television
* U.S. District Court shoots down broadcast flag (CNET)
* Broadcast Flag: Media Industry May Try to Steal the Law \- June 2005 MP3 Newswire article
* Circuit Court ruling striking down (PDF format)

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Federal Communications Commission

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* 3 seats vacant

Chairs|

* Eugene O. Sykes (1934–35)
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Statutory
authority
(Title 47 USC)|

* Communications Act of 1934
* Brinkley Act
* All-Channel Receiver Act (1962)
* Communications Satellite Act of 1962
* Public Broadcasting Act of 1967
* Cable Communications Policy Act of 1984
* Satellite Home Viewer Act (1988)
* Children's Television Act (1990)
* Telephone Consumer Protection Act of 1991
* Cable Television Consumer Protection and Competition Act of 1992
* Communications Assistance for Law Enforcement Act (1994)
* Telecommunications Act of 1996
* Communications Decency Act
* Section 230
* Child Online Protection Act (1998)
* Wireless Communications and Public Safety Act (1999)
* Broadcast Decency Enforcement Act of 2005
* Digital Transition and Public Safety Act of 2005
* Junk Fax Prevention Act of 2005
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* Truth in Caller ID Act of 2009
* Commercial Advertisement Loudness Mitigation Act (2010)
* Local Community Radio Act (2010)
* Satellite Television Extension and Localism Act of 2010

Regulations
and policies
(Title 47 CFR)|

* Title 47 CFR Part 15
* Title 47 CFR Part 68
* Title 47 CFR Part 97

| Broadcast
licensing
and facilities|

* 1978 Broadcast Policy Statement on minority ownership
* 2008 United States wireless spectrum auction
* Ancillary Terrestrial Component
* Antenna structure registration
* AWS-3 auction
* Broadcast call signs
* Broadcast flag
* Broadcast license
* Broadcast range
* Broadcasting duopoly
* Carriage dispute
* City of license
* Class A television service
* Clear-channel station
* Comparative hearing
* Dark and silent stations
* Dispersal of ownership
* Facility ID
* FM Non-Duplication Rule (1964–86)
* Frequency coordinator
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* dispute
* Program test authority
* Public file
* Radio Amateur Civil Emergency Service
* Reference distance
* Rimshot broadcasting
* Significantly viewed signals permitted to be carried
* Special temporary authority
* United States National Radio Quiet Zone
* White spaces

|

Broadcasting
content and
programming|

* Actionable indecency
* Broadcasting watershed
* Emergency Alert System
* Equal-time rule
* Family Viewing Hour
* Fairness doctrine (1949–87)
* Financial Interest and Syndication Rules (1970–93)
* Fleeting expletive
* Government-access television
* Mayflower doctrine (1941–49)
* Must-carry
* Non-commercial educational station
* Personal attack rule
* Pervasiveness doctrine
* Prime Time Access Rule
* Public-access television
* Retransmission consent
* Seven dirty words
* Syndication exclusivity
* Zapple doctrine (1970–2014)

Telephone and
the Internet|

* Carterfone decision
* Common carrier
* Comparably efficient interconnection
* Competitive local exchange carrier
* Emergency telephone number
* Enhanced 911
* FCC Computer Inquiries
* Second Computer Inquiry
* FCC mark
* FCC registration program
* Feature group
* FCC Open Internet Order
* Incumbent local exchange carrier
* Lifeline program
* National Broadband Plan
* National Do Not Call Registry
* Personal Communications Service
* Basic Trading Areas
* Telecommunications Service Priority
* Priority level
* Total element long run incremental cost
* Traffic pumping
* Universal Licensing System
* Universal Service Fund
* E-Rate

Litigation|

| Supreme Court|

* FCC v. Sanders Brothers Radio Station (1940)
* National Broadcasting Co. v. United States (1943)
* United States v. Southwestern Cable Co. (1968)
* Red Lion Broadcasting Co. v. FCC (1969)
* FCC v. Pacifica Foundation (1978)
* CBS, Inc. v. FCC (1981)
* Sable Communications of California v. FCC (1989)
* Metro Broadcasting, Inc. v. FCC (1990)
* Turner Broadcasting System, Inc. v. FCC (1994)
* Verizon Communications Inc. v. FCC (2002)
* Nixon v. Missouri Municipal League (2004)
* National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005)
* FCC v. Fox Television Stations, Inc. (2009)
* FCC v. AT&T Inc. (2011)
* FCC v. Fox Television Stations, Inc. (2012)
* FCC v. Prometheus Radio Project (2021)

|

Other
federal cases|

* Hush-A-Phone Corp. v. United States (1956)
* American Radio Relay League, Inc. v. FCC (1980)
* Schurz Communications, Inc. v. FCC (1992)
* Lutheran Church–Missouri Synod v. FCC (1998)
* SBC Communications, Inc. v. FCC (1998)
* Satellite Broadcasting & Communications Ass'n v. FCC (2001)
* United States Telecom Association v. FCC (2004)
* Comcast Corp. v. FCC (2010)
* Verizon Communications Inc. v. FCC (2014)
* Tennessee v. FCC (2016)
* Mozilla Corp. v. FCC (2019)
* Prometheus Radio Project v. FCC (2019)
* Consumers' Research v. FCC (2023)

Agency
publications|

* Report on Chain Broadcasting (1941)
* Blue Book (1946)
* FCC Record (1986–)

Advisory
committees|

* FCC Network Study Committee
* Federal-State Joint Conference on Advanced Telecommunications Services
* North American Numbering Council
* Spectrum Task Force
* Technical Advisory Council

Predecessor
agencies|

* Interstate Commerce Commission
* Mann–Elkins Act
* Radio Act of 1912
* Kingsbury Commitment
* Willis Graham Act
* Federal Radio Commission
* Radio Act of 1927
* Davis Amendment
* General Order 32
* General Order 40
* Grand Island FCC Monitoring Station

Related|

* AllVid
* Broadband.gov
* Broadcasting in the United States
* Radio
* FM broadcasting
* Television
* Cable television
* Digital television
* Digital television transition
* High-definition television
* Satellite television
* Communications in the United States
* "FCC Song"
* Federal Communications Bar Association
* History of the telephone in the United States
* Howard Stern Show fines
* Internet in the United States
* Media cross-ownership in the United States
* Modem tax
* National Exchange Carrier Association
* Net neutrality in the United States
* Open spectrum
* "PTV"
* RM-2493
* Security Control of Air Traffic and Air Navigation Aids
* Super Bowl XXXVIII halftime show controversy
* Telecommunications policy of the United States
* Telegraphy in the United States
* "Television and the Public Interest"
* Wireless Ship Act of 1910

* v
* t
* e

Broadcast encryption and digital rights management

Conditional access|

* CableCARD
* Conditional access system
* Renewable security

DVB|

* Common Interface
* CSA
* Conditional-access module
* DVB-CPCM
* FTV
* Syndication

Smart cards and encryption|

* BISS
* Cisco Videoscape
* VideoGuard
* Conax
* Irdeto Cryptoworks
* Digicipher
* HDCP
* KeyFly
* Nagravision
* PowerVu
* RAS
* SECA Mediaguard
* Verimatrix
* Viaccess

Digital video disc|

* Content Scramble System (CSS)
* Advanced Access Content System (AACS)
* BD+

DRM|

* Authorized domain
* B-CAS
* Broadcast flag

Data security|

* Card sharing
* FTA
* Pirate decryption

Analogue broadcast encoding|

* B-MAC
* CGMS-A
* EuroCrypt
* Leitch
* Oak Orion
* Videocipher
* VideoCrypt

See also free-to-view and pay television

* v
* t
* e

Digital television in North America

Terrestrial|

| Digital broadcasting|

* ATSC tuners
* Digital subchannels
* Virtual channels
* Distributed transmission system
* Datacasting
* Guide Plus
* National Datacast
* UpdateLogic
* Metropolitan Television Alliance
* Grand Alliance

|

Digital switchover|

* All-Channel Receiver Act
* SAFER Act
* Digital channel election
* Set-top boxes
* Digital television adapter
* U.S. Converter Box Coupon Program
* legislation
* Analog passthrough
* DVD recorders
* Digital video recorders

Digital standards|

* ATSC standards
* ATSC
* ATSC-M/H
* 8VSB
* A-VSB
* E-VSB
* PSIP
* PMCP
* full list
* Standard-definition TV
* 480i
* 576i
* Enhanced-definition TV
* 480p
* 576p
* High-definition TV
* 720p
* 1080i
* 1080p
* Ultra high-definition TV
* 2160p
* Serial digital interface
* Smart antennas
* CEA-909

Digital networks|

* Digital multicast television network
* see Template:American broadcast television
* Template:Canadian television networks

National deployment|

* List by country
* Canada
* Mexico
* United States
* HDTV
* transition
* wireless spectrum auction

Cable|

| Digital cable|

* Digital-cable-ready TV
* QAM tuners
* Interactive-digital-cable-ready TV
* OpenCable Application Platform
* Encryption
* Must-carry

|

Subscription TV|

* AllVid
* CableCARD
* Downloadable Conditional Access System
* Tru2way

Satellite TV|

* DVB-S
* Dish Network
* GlobeCast World TV
* Free-to-air receiver
* Bell Satellite TV/Telus Satellite TV
* Dish México
* DigiCipher 2
* 4DTV
* Shaw Direct
* Claro Puerto Rico
* Digital Satellite Service/DVB-S2
* DirecTV
* Vrio/Sky Brazil
* Sky Mexico

IPTV|

* U-verse TV
* Bell Fibe TV
* FibreOP
* Telus Optik TV

Technical issues|

* 14:9 aspect ratio
* Active Format Description
* Broadcast flag
* Channel protection ratios
* HDTV blur
* Hierarchical modulation
* Pirate decryption
* Standards conversion
* Video on demand

* v
* t
* e

Broadcast video formats

Television

| Analog|

| 405 lines|

* System A

|

525 lines|

* System M (Color systems: NTSC, NTSC-J, Clear-Vision, PAL-M)
* B-MAC

625 lines|

* System B, C, D, G, H, I, K, L, N (Color systems: PAL, PAL-N, PALplus, SECAM)
* MAC

819 lines|

* System E, F

1125 lines|

* MUSE

1250 lines|

* HD-MAC

Audio|

* BTSC (MTS)
* EIAJ
* NICAM
* SAP
* Sound-in-Syncs
* Zweikanalton (A2/IGR)

Hidden signals|

* Captioning
* CGMS-A
* EPG
* GCR
* PDC
* Teletext
* VBI
* VEIL
* VIT
* VITC
* WSS
* XDS

Historical|

* Pre-1940
* Mechanical television
* 180-line
* 343-line
* 375-line
* 441-line
* 455-line
* 567-line
* Field-sequential color system
* OSKM

Digital|

| Interlaced|

* SDTV
* 480i
* 576i
* HDTV
* 1080i

|

Progressive|

* LDTV
* 1seg
* 240p
* 288p
* EDTV
* 480p
* 576p
* HDTV
* 720p
* 1080p
* UHDTV
* 4K
* 8K

MPEG-2 Video|

* ATSC
* DVB
* DVB 3D-TV
* ISDB
* DTMB
* ABS-S

AVS|

* CMMB

AVS+[note 1]|

* DTMB
* ABS-S

MPEG-4 Visual|

* MobaHo![note 2]

MPEG-4 AVC|

* ATSC A/72
* CMMB
* DMB
* DTMB
* DVB
* SBTVD
* 1seg
* MobaHo![note 2]

AVS2[note 1]|

* ABS-S

MPEG-H HEVC|

* ATSC 3.0
* DVB
* HD DMB
* ISDB-S3
* DTMB

Audio|

* AC-3 (5.1)
* AC-4
* DTS
* DRA
* MPEG-1 Audio Layer II
* MPEG Multichannel
* PCM
* LPCM
* AAC
* HE-AAC
* MPEG-H 3D Audio

Hidden signals|

* AFD
* Broadcast flag
* Captioning
* CPCM
* EPG
* Teletext

1. ^ a b Also used in China's DVB-S/S2 network.
2. ^ a b Defunct.

Technical issues

* 14:9 compromise
* Broadcast-safe
* Digital cinema (DCI)
* Display motion blur
* MPEG transport stream
* Reverse Standards Conversion
* Standards conversion
* Television transmitter
* Test card
* Video on demand
* Video processing
* Widescreen signaling
* Templates (Analogue TV Topics)

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template