Clear QAM HD isn't going anywhere!
By Ben Drawbaugh 
posted August 28th 2009 5:48PM
posted August 28th 2009 5:48PM
The bottom line is that local broadcast channels are available in HD to any cable subscriber with a clear QAM tuner, whether you have a set-top-box or not. The recent news changes nothing, except maybe a very select few who were lucky enough to receive more than locals via clear QAM. We dropped the FCC a line to make sure we had our facts straight -- wouldn't want to call people out without checking our own first -- and the very prompt answer we received was that this statutory requirement goes all the way back to the to the Communications Act of 1934 (Section 614(b)(4)(B).
More recently, the FCC addressed the issue when laying down the digital transition rules which "states that broadcast signals that are subject to mandatory carriage must be "viewable via cable on all television receivers of a subscriber which are connected to a cable system by a cable operator or for which a cable operator provides a connection." Now obviously we're not lawyers, but it seems pretty clear that local cable operators are not allowed to encrypt any locally broadcast HD stations. Now we've heard reports that some cable companies do indeed encrypt these signals, but while you might be willing to complain on some forum about it, have you taken the time to file a proper complaint with the FCC? If not, then you really don't have anything to complain about.
Read (doc) - The 2007 Report to set the transition rules (paragraph 15)
**UPDATE** As you can see from the comments, with anything legal it isn't exactly cut and dry. In fact the only thing we've managed to accomplish is to be confused. So while some level of broadcast TV has to be free, we're not sure if it's free as in beer or what. Stay tuned for a follow up just as soon as we figure it out.
Well, there is now proof that your assertion is wrong:
http://seattletimes.nwsource.com/html/businesstechnology/2009860393_brier14.html
"'We're still on track to encrypt, definitely, by the end of the year,' spokesman Steve Kipp said Friday."
I agree that the that local cable operators are not allowed to encrypt any locally broadcast HD stations. However, they can make them difficult to find by changing the channel on which you get these local stations. I have had to rescan my channels 5 or 6 times over the last year because my cable company keeps "relocating" them. This is a major pain when you have set your DVR to record one of these stations and you find nothing but static or no recording.
You are completely wrong. My provider, Time Warner Cable in San Diego, now encodes ALL HD channels. Even the local HD OTA broadcasts, which previously were over ClearQAM, are now completely encrypted. TWC will give a "free" box to allow receiving these, but that's meaningless to me - the whole point for me was to NOT require having a cable box to receive local HD stations.....
Brad is correct. After a long line of questioning to the FCC, apparently the waiver allows the cable cos to encrypt ALL channels, as long as they provide (a few?) boxes to decrypt the signal. In an email I just got back from the FCC:
"Thank you for your additional concerns.
Since your cable company plans to transition to a digital-only service, (which includes the basic service tier plus additional digital cable channels), cable providers may often insist that a set top box from the cable company is required to watch any digital cable channels including unencrypted channels.
Currently, basic tier subscribers, and some other subscribers who have additional television sets without set top boxes, can rely on the digital cable tuner in their television to receive basic tier programming without the need to obtain a box. However, if the basic tier is encrypted, these subscribers would need to obtain additional equipment (either a set-top box or a CableCARD).
You have noted that the cable company plans to provide free transport adapters (low-end cable boxes, as per the FCC waiver http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1854A1.pdf, which will allow you to unencrypt the basic service tier.
Thank you for your inquiry.
Brenda Althoff
Consumer Advocate and Mediation Specialist
Federal Communications Commission
Consumer and Governmental Affairs Bureau"
Nice. So although the cableco can provide a crappy RF box for these channels, you have the distinct "advantage" of losing the QAM signal completely, and hence get a low-res, SD, RF modulated signal. Great job, FCC.