 |
 |
|
|
|
|
|
|
||||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
|||||
|
|
There is some misunderstanding about the role of ARRL in the FCC's implementation of the Satellite Home Viewer Improvement Act. This document will provide information as to ARRL's plan for its service by agreement with the FCC and pursuant to the Report and Order, FCC 00-185, released May 26, 2000 in ET Docket No. 00-11. That Order, among other things, adopted an improved point-to-point predictive model for determining the ability of individual locations to receive an over-the-air television signal of a specific intensity through use of outdoor rooftop receiving antennas. Additionally, it designated ARRL as the "neutral and independent entity" to resolve disputes between the television broadcaster and the satellite television programmer as to the appropriate person or persons to conduct signal tests. Those tests determine whether a satellite television subscriber is eligible to obtain distant network programming or not. Some typical inquiries to ARRL about this new procedure follow.
What is ARRL going to do? ARRL's role in this process is limited. If a request is made to a satellite programmer by a satellite video subscriber for a signal strength test, in order to verify the subscriber's claimed inability to receive a network signal from a broadcast network affiliate station that meets the signal intensity standard, and if the satellite television programmer and the network broadcast station cannot agree on an appropriate person to conduct tests of the network broadcast TV station's field strength at the satellite television subscriber's residence, the programmer, the network station, or both will submit the resume' of a proposed tester(s) and a list of equipment in the possession of the proposed tester(s) to the ARRL. The ARRL will determine whether the proposed testers, or either of them, are qualified to conduct the tests, and ARRL will inform both the programmer and the network station of its findings.
Will ARRL set up testing opportunities at a subscriber's residence? No. The SHVIA provides that satellite television subscribers who are denied retransmission of distant signals may request that the satellite carrier seek a waiver of the denial from the network station that is asserting that retransmission is prohibited. If the network station rejects the waiver request, the subscriber may submit to the carrier a request for a test verifying the subscriber's inability to receive a signal that meets the signal intensity standard. The satellite carrier and the network station or stations will then select a qualified and independent person to conduct a test in accordance with the FCC rules. The test must be conducted within 30 days after the subscriber requests the test. ARRL is not involved in making arrangements for the test, and subscribers should not contact ARRL for such requests. Such requests should be made to the satellite television service provider.
ARRL is the National Association for Amateur Radio. This issue has nothing to do with Amateur Radio. Why is ARRL involved in this? ARRL was asked by FCC's Office of Engineering and Technology to participate in this limited role, since FCC was charged by statute with finding a "neutral and independent entity" to referee disputes between a satellite carrier and a network station as to a qualified tester. The Amateur Service is well-known for encouraging technical self-training of licensees, and ARRL believes that the appointment reflects an acknowledgement of the value of Amateur Radio. The visibility of Amateur Radio in the telecommunications industry is increased, and the respect of the FCC for radio amateurs and their qualifications is a distinct benefit. The FCC said that ARRL is "particularly appropriate in this role" for several reasons. Since FCC is supportive of Amateur Radio, it is right and proper that Amateur Radio should be available to assist in the resolution of technical issues when called upon to do so by FCC.
Will ARRL identify testers in a given area? Typically, no. As the FCC put the matter, "(i)t is not required that the ARRL find persons qualified to conduct the tests in question. Instead, the ARRL may examine the qualifications of persons proposed as testers by any interested party after their qualifications have been submitted in writing. Based on its review of these written qualifications, the ARRL will select a qualified and independent person to conduct the test in accordance with the statute." Over time, ARRL will develop and maintain a list of those it has determined to be qualified, and those persons can be suggested to satellite carriers or television broadcast network stations upon their inquiry.
How will ARRL determine whether or not someone suggested by the satellite carrier or the network broadcast TV station is qualified to conduct the test? The satellite carrier or the network station will, absent agreement between the carrier and the network station, suggest to ARRL a person or persons to conduct the tests, and will cause the proposed tester's resume to be sent to ARRL. ARRL will review the proposed tester's written qualifications, make any additional inquiries necessary, and then inform the satellite carrier and the network station of its determination. The FCC has suggested several criteria, as follows:
ARRL will review the proposed testing entities' qualifications to determine the testing entities' competence to make measurements of signal strength at a homesite, such as technical training and background, experience with outdoor measurements of radio field strength, and access to equipment to make the measurements as required by the Commission's rules...In examining qualifications, the ARRL should consider that the Commission's rules regarding these measurements presume an understanding of the calculations that may be involved depending upon the specific equipment chosen. ARRL may, over time, develop a list of qualified persons to conduct such tests throughout the United States and offer that list to satellite providers and broadcasters as needed and appropriate.
Are my ARRL membership dues being used to support the broadcast and satellite television industries? No. ARRL intends to recoup its expenses in providing this service from the satellite carrier or television broadcaster, which FCC has made clear that ARRL can require. It is not anticipated that there will be a large number of instances in which the satellite carrier and the broadcaster are unable to agree on a tester's qualifications, thus necessitating ARRL's involvement in the process.
1. All inquiries concerning this program will be addressed to ARRL at "shvia@arrl.org".
2. The Technical Department at ARRL headquarters, located at 225 Main Street, Newington, CT 06111 shall be responsible for making the determination of the qualifications of testers.
3. No requests for tests from satellite subscribers to ARRL can be entertained; subscribers should be asked to contact their satellite service provider/carrier.
4. ARRL will entertain inquiries only from satellite carriers and broadcast television network affiliates which have already conferred and determined that they are unable to agree on the qualifications of a tester, and only after the network affiliate has denied a waiver made by the satellite carrier which would have allowed retransmission of distant network signals.
5. ARRL will not identify testers or provide testers. It will adjudicate the qualifications of testers suggested, in writing, by either the satellite carrier or the broadcast television network affiliate station. ARRL will require the submission of a written statement of qualifications, and the completion of a questionnaire by the proposed tester. The questionnaire will be prepared and distributed by the ARRL Technical Department.
6. Together with the written statement of the proposed tester's qualifications and the ARRL questionnaire, the satellite programmer or network station shall submit to ARRL a fee in the amount of $100.00 to cover the expenses and staff time in performing the qualifications evaluation.
7. ARRL will, within two business days of receipt of a request for evaluation of testers, all necessary written documentation, and the evaluation fee, provide a written determination of the qualifications of the proposed tester, and a statement of reasons for the determination, whether favorable or unfavorable. Should supplemental information be required in order to make the determination (the necessity of which will be subject to the sole discretion of the ARRL Technical Department staff), the ARRL determination shall be submitted to the satellite programmer and the network station within two business days after all requested information is received by ARRL from the proposed tester.
8. ARRL shall be held harmless by all parties, including the proposed tester, from any costs, liabilities, assessments, damages, and causes of action occasioned by any determination made, and for any statements made concerning the proposed tester's qualifications. An appropriate release shall be included as part of the ARRL questionnaire to be completed and executed by the proposed tester.
