STATEMENT OF COMMISSIONER ROBERT M. MCDOWELL
Re: Cable Carriage of Digital Television Broadcast Signals, Second Further Notice of 
Proposed Rulemaking, CS Docket No. 98-120
Given Congress’ DTV deadline, the natural next step for the Commission is to 
review how cable operators will carry the broadcasters’ digital signals.  In this Notice, we 
seek comment on the obligations of cable operators, after the conclusion of the digital 
transition, to ensure that the digital signals of “must carry” stations are not materially 
degraded and are viewable by all cable subscribers, as required by law.  Even though 
broadcasters will be all digital by the deadline, some analog cable equipment will remain 
in cable systems and in the homes of cable subscribers.  Accordingly, we must address 
how to ensure that cable subscribers are able to view the higher quality signals provided 
by the broadcast stations in their communities.  This Notice initiates our review.
Ideally, I would have preferred that we refrain from making specific proposals 
about these issues at this juncture. In my view, we should first build a record about the 
marketplace solutions being developed to address cable operators’ statutory obligations 
with respect to material degradation and viewability before we make judgments about 
what standards the government should impose.  I have questions about the possible 
statutory and constitutional implications involved in this proposed endeavor, particularly 
with respect to mandating carriage of a broadcast signal in both analog and digital 
formats.  I hope that commenting parties will enlighten us with their views of these 
issues.  I look forward to working with my colleagues to set the appropriate standards to 
accomplish our common goal through this proceeding in a legally sustainable way.
I thank the Bureau for their hard work and I support this Notice.