CHAIRMAN REED E. HUNDT Federal Communications Commission NATIONAL CABLE TELEVISION ASSOCIATION Dallas, Texas May 9, 1995 Just like Freddie Krueger in the sequels of the film Friday the Thirteenth: "I'm back!" It's been a year since our last breakfast. Has anything much happened? The Dow is at a record high, and the dollar is at a record low. We've liberated Haiti and left Somalia. We have a new Congress that, whether you compliment it or criticize it, has done more in any one hundred days than any Congress since the Johnson Administration. And the tragic terrorist attack in Oklahoma City, not far north from here, has galvanized our country's will to reestablish peace and civility in our communications and in our society. Confusing challenges confront everyone in our country. Our economy and our culture is in the midst of profound change. Traditionally, at times of uncertainty, we turn to the great centers of learning for advice and guidance. And, as luck would have it, a tenured Harvard professor has just published a book that offers new insight into the source of our country's difficulties. This scholar has concluded from extensive research that, on occasion, aliens have in fact occupied the bodies of certain Americans. I'm not making this up. Everyone in Cambridge is buying the book. They want to know if they're in it. But the Harvard faculty is upset. They have convened a committee to check the professor's research. It seems they're suspicious that his evidence might be questionable. At Harvard, they're very sharp. Now I'm from Washington. In our town, a speechwriter writes the speeches you give, staff negotiates the agreements you sign, focus groups tell you the opinions you express, and media advisers tell you what to wear and how to talk. So that if I were told that a political figure in Washington had an alien occupy his body, I'd say, hey, that's just a guy who's taken the game to a whole new level. By the way, for those of you who think that the professor's alien theory explains some of the Commission's implementation of the 1992 Cable Act, I do know the truth. But they won't let me tell you. At any rate, with or without alien intervention, Congress may very well pass a sweeping overhaul of the 1934 Communications Act. If dreams come true, Congress will give the Commission explicit authority to create incentives that will extend communications networks into each of the 2 million classrooms in this country. In classrooms today, teachers and students essentially have none of the tools of modern communications. Every one here works in business. Your competitiveness depends on cheap, accurate transmission of information by computers using electronic mail fax and data transfer. But teachers in the classroom don't even have telephones. American education needs the same communications tools available to American business. The FCC needs the statutory tools to make this happen. This is my dream; I wish you would make it yours too. Another dream that should come true is that Congress should remove all barriers to competition in all communications markets. No telephone company monopoly should be able to use its influence over state regulators or state legislators to bar competition from cable. The Commission should be delegated the power to give new entrants like cable fair rules for interconnecting to today's monopoly telephone company networks. This will be crucial as cable companies start providing telephony over their networks. It will be even more crucial as cable companies investing billions in PCS need to interconnect to the existing wire networks. As you weigh the staggering risks and vast rewards of competing in new communications markets, I know you are hoping to see Congress modify the 1992 Cable Act. You know that any success in modifying that Act will depend on striking a balance between consumer sensitivity about rate increases and industry concerns about maximizing revenue in order to finance investment. But perhaps the biggest concern is that the escalating congressional budget debate may sap the legislative energy necessary to reform our communications law. If that happens, there's no telling whether the long-awaited rewrite of the '34 Act will happen this year. Even if there is no new law, the Commission will keep promoting competition in all communications markets, and keep seeking practical application of existing laws to the communications problems of today and tomorrow. But our preference is to see a good new law written, passed, and signed by the President. When it comes to policy matters, it's time for us all to get back to the issues of the future. The future is digital -- and as you said about this convention, the digital future is on cable. Digitization is the Morse Code of the 21st century. It is a way to send information, pictures and data down a pipe or over the air by converting the content to a stream of one's and zero's called bits. These bits are like boxes loaded onto freight cars. Then the freight cars are delivered to a digital downconverter or receiver that unloads them for consumption as voice, video or data. I don't understand one thing more about the technology. But as a lawyer I'm prepared to talk about it anyway. For many years you have been competing with broadcasters for audience and advertising revenue. Through your increased penetration and terrific content, you're doing better and better in this battle. But the rules of this competition in the marketplace and the FCC's own rules will be substantially rewritten as broadcasting and cable go digital. By the time I come to this convention breakfast next year, I predict the FCC will have authorized a new standard for sending digital broadcast signals over the air. Based on what I read in the Senate and the House bills, it will probably be the law that broadcasters obtain new spectrum for broadcasting streams of digital bits. For example, each station in a market would get 6 megahertz of new spectrum, permitting it to deliver 20 million bits per second. In a ten station market, broadcasters would transmit as a whole a total of 200 million bits per second. As a lawyer, I had help with the math I'm using here. I predict that Congress is going to state that broadcasters can use their bits for whatever they want to send. With 200 million bits per second, ten broadcasters could, as a group, transmit 40 to 60 different TV signals. And they could deliver hundreds of radio signals using the same spectrum. Incidentally, they could transmit every newspaper and periodical in the country directly into every subscribing laptop computer in their market. In the digital age, the FCC will want to focus principally on two kinds of rules for broadcasters. First, we want to do exactly what we did in the PCS auction: in any geographic market, you should be able to buy as much spectrum as you want in order to compete, but not so much that you exercise monopoly or market power in any geographic market. In the digital age, today's cross-ownership restrictions will need overhaul. Newspapers and cable companies should be able to acquire some digital spectrum if they want it. Sound antitrust policy should dictate the framework of our rules for acquiring and using digital spectrum. Second, broadcasters should have clear, concrete obligations to the public in return for their use of the public property of the airwaves. The current insubstantiality of the broadcasters' public interest obligations is not fair to broadcasters' competitors, does not permit the Commission to clearly apply law to specific facts in license renewals, and is not truly in the public interest. In the digital age, the broadcasters' public interest obligation should at last become real and specific. In the digital age broadcasters will have new ways to compete with cable. And broadcasters aren't the only competitors you have on the digital playing field. Later this year the Commission will authorize MMDS to go digital. Telcos will deliver digital signals to perhaps 20% or more of American homes within 10 years. DBS already sends a digital signal. But cable has the great advantage of a superior transmission medium that passes 95% of all homes. I call this transmission medium by the highly technical term 'pipe.' I used to talk about wires, but Bill Gates told me that was an analog term only used by middle-aged has-beens. He told me he uses the term 'pipe.' So now I use the term 'pipe.' I figure if I use his lingo, I could make a billion bucks. That's all there is to it, right? Moreover, cable is rapidly upgrading its pipes. In 1994, 7.2 million kilometers of fiber were purchased in this country, a more than one-quarter increase over the previous year. And cable bought 32% of it. It is expected that in 1995 fiber sales to cable for the first time will exceed telco purchases. Even better, unlike broadcasters, cable can migrate to digital incrementally. Broadcasters need wholly new spectrum to transmit digitally, whereas you can divide your pipe between analog and digital transmission. You only need a bit of the pipe for digital -- pun intended. Moreover, you can deliver twice as many digital bits down 6 megahertz of pipe as broadcasters can send over 6 megahertz of airwaves. With your pipes, you will be able to send the consumer a package of multiple analog channels, multiple digital channels with standard quality, a handful of eye-popping high definition signals for action-filled content, a return path for telephony and interactivity, a trunkline for mobile communications, and virtually unlimited data delivery. It will be of incalculable value to our country when you build two-way digital networks into our businesses, our classrooms, and our homes. No industry has a better chance than cable to be the leader in the country's conversion to the digital age. At the Commission we know many of the technological challenges have not yet been fully met. But like you, I've seen the inventions. I know you can make them work in the marketplace. A huge issue in the digital conversion is the receiver in the home. We have 233 million analog televisions in 100 million homes. Over a five year period, almost every home buys a new television. When will consumers start buying digital televisions? What content will drive the purchases of digital receivers? Moreover, revenue from PC sales last year for the first time exceeded TV sales. So what is the right name, configuration, and price for the appliance that will receive your digital signals? Will it be a television, or a computer, or a telecomputer? Instead of buying digital receivers, will consumers prefer digital converter boxes attached to their analog TVs? Or will millions of consumers reconfigure their homes around a digital high definition theater, so that an end to end digital signal will replace the need to find a babysitter on Saturday night? Just in case anyone here is doing market research, in my area the baby sitters are charging $5 an hour, and I'd much rather pay you that money to stay at home and enjoy digital. Thanks to the marvels of computer hardware and software, the digital receiver can be much "smarter" than the "dumb" television. As broadcasters and cable gear up for digital competition, everyone will want to know about the location and use of the new intelligence. Who will install, who will sell, who will control the v-chip, the interface software, the menu of choices and the encryption and decryption devices? Getting back to the future means that, in discussions between this industry and policy makers, at the Commission and elsewhere, we should start with framing these questions accurately. It means that we should admit that no one yet knows all the answers, but the country will be holding all of us accountable for the consequences of the digital conversion. For example, we have seen in the analog world what happens when television and cable service don't work well together. Congress steps in, or at least threatens to step in, and directs the Commission to create standards of compatibility. As we enter the digital world, we need to talk about how to make sure that consumers don't have to pay hundreds of extra dollars for a digital receiver, and hundreds more redundant dollars to make the cable connection compatible. Shouldn't we all think about the conversion this way: from the consumer perspective, what is the fastest and cheapest way to convert to digital? After all, the less the consumer has to spend on the equipment for digital reception, the more the consumer can spend for digital content. There are, by our count, 49 separate industry groups worldwide working on standard setting for multimedia. In general, I think the government should not select standards, so long as industry standards are not used to preclude competition. But, this is a tricky and subtle topic in the field of network economics. A case in point is the Department of Justice's recent lawsuit against that very large computer software company whose CEO told me about this term 'pipe'. Economists differ seriously over when de facto standards set by industry are anticompetitive or procompetitive. But cable, telephone, satellite, and broadcast companies cannot wait on economic theory before spending billions to convert to digital. And consumers will inevitably spend billions of dollars on new equipment for receiving digital signals. We don't need economists to tell us that if consumers believe the digital conversion is overpriced, confusing, and annoying, the private and public sectors will feel the heat. To get to the sunny uplands of digital communication quickly, cheaply, and competitively, the private and public sectors should identify and address conversion issues as soon as possible. This is the best way to make sure that America maintains its world lead in communications as we move to the digital age. We will be reaching out to you in the next few weeks to seek your advice on the Commission's role concerning what we might call digital compatibility issues. I will look forward to your guidance. By talking with each other we will build understanding and guarantee results. After all, that is what we just did with respect to the small system relief that the Commission adopted on Friday. These rules were not mandated by the Cable Act, but our Cable Bureau perceived the possibility of such rules in the flexibility of the statute. With the industry's useful advice, we were able to make a change that will be very important to two-thirds of the cable operators in the country and fair to the 7 million subscribers they serve. Similarly, through candid, sincere, and fact-intensive discussion, the Commission and Continental Cablevision recently reached a comprehensive, long-range understanding that is in the best interest of the company, its consumers, and the economy. I know we can work together. Of course, cable's competitive success fundamentally depends on its content. And the good news is that cable content is becoming more competitive all the time. It is a great achievement for cable that in one month earlier this year, for the very first time, your share of the viewing audience in cable homes was equal to the broadcasters' share. Your entertainment values are going up. Your children's programs are proliferating. Cable in the Classroom now includes 6200 local cable companies and reaches 2/3 of all schools. Publications like Continental's Better Viewing magazine steal a march on your competitors, and establish a relationship of trust with families. Your Voices Against Violence campaign is forging new bonds between you and your audience. Your Kaitz Foundation focuses on the need to bring minorities into your industry's management ranks. Your initiative on customer service is characteristically bold and imaginative. Despite these and many other positive developments, the coming of increased competition to cable causes anxiety for everyone. New competition is nevertheless a chance for cable to take its game to a whole new level. Vigorous competition makes all great industries better, and cable is a great industry. Fortunately, you aren't restricted to playing defense in your own markets. With the potential of digital transmission two-way through your pipe, you can take a goodly share of voice and data markets almost ten times the size of your own. With the inherent power of your pipes to connect to the networks of networks that are the information highway, you can take a goodly share of huge markets yet to be created. In order to give you a fair chance to compete against the telephone monopolies, against the long distance companies, against all your rivals, you are going to need fair rules of competition. The Commission will be there to set and enforce those rules. We are the Federal Competition in Communications Commission. By seizing the opportunity to compete, cable will become a multimedia giant. The chance, the change, the opportunity is the air. Or, perhaps I should say, it's in the pipe. I know you'll make the most of it. Thank you for inviting me. And I look forward to next year. - 30 -