The Federal Communications Commission says Best Buy and other retailers must pay more than $3 million in fines for selling analog TVs without labels that explain the sets won't work after the digital TV switchover next February.
In a 41-page legal document filed last week (and dug up by Ars Technica), Best Buy essentially says, "Oh yeah? Make us."
There have been many bumps along the way to the February 2009 switch to all-digital TV in the U.S. The FCC is spearheading the transition and has established deadlines to help it along. Best Buy alone was fined $280,000 after FCC enforcement agents found analog TVs for sale in the store without this label, which the commission had previously decreed should be attached to all TVs without a digital tuner:
This television receiver has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the nation's transition to digital broadcasting. Analog-only TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television Web site at: www.dtv.gov.
Best Buy and other retailers like Sears, Wal-Mart Stores, and CompUSA were found to be in violation of these rules. But were the rules enforceable in the first place? That's where it gets a bit sticky.
Instead of paying the measly fine, Best Buy responded in meticulous detail to the FCC's Notice of Apparent Liability, issued last month. Here's a summary of the retailer's five main points on why it believes it doesn't have to pay a cent.
1. You can't make us label anything
Best Buy's attorneys point out that never before has the commission had jurisdiction over retailers, and twice before when it tried to, an appellate court invalidated it.
2. We didn't do it on purpose
The FCC accused Best Buy of purposely selling analog TVs without labels. Best Buy says that's not true, details its efforts to comply, and says the burden should be on the FCC to prove the intention of the retailer.
3. We tried our best
Best Buy details the steps it took to ensure the right boxes were labeled, but admits that it was difficult to determine which boxes needed them. Products with similar model numbers sometimes made it hard to figure out which had just an analog tuner and which had an analog and a digital tuner.
4. Your agents messed up
The retailer points out that some violations pointed out by FCC enforcement agents were just wrong. It does so to point out to the FCC that it's not accusing the commission of purposely making errors, so the FCC shouldn't accuse Best Buy of the same. Also, Best Buy is trying to show how difficult the process is of determining which boxes need labels.
5. You didn't go about this the right way
Best Buy quibbles with the process with which the Notice of Apparent Liability was carried out. It says that it didn't get public comment on the retail Labeling Rule, and also calls the NAL "procedurally invalid" because it wasn't give enough notice of its violation or time to respond.
The amount of money ($280,000) is so small that the retailer is likely not concerned about the fine. Rather, it's trying to make a point about the reach of the FCC's arm in handling the DTV transition.
The outcome will turn on what an appellate court has to say about this. And though Best Buy has a fairly good case, it's a tough call as to how it will turn out, according to Barbara Esbin, senior fellow and director of The Center for Communications and Competition Policy at the Progress and Freedom Foundation.
"There is no law that says the FCC had jurisdiction to promulgate and enforce a labeling rule," she said in an interview. "But the FCC doesn't claim it has express authorization."
What the agency relies on to regulate labeling by retailers is the same as used in the regulation of cable television services back in the 1960s.
"The FCC relied on this doctrine that it has some regulatory authority that is not expressly given, but is in the subject matter of the authority it has over wire and radio communication devices and reasonably ancillary to its express jurisdiction over that entity and its equipment," according to Esbin.
Indeed, when asked to cite the statute giving it authority to regulate retailers' labeling, an FCC spokeswoman pointed to the Code of Federal Regulations that govern the FCC, but are not laws.
"I can't say Best Buy has a slam dunk argument, but they have reasonably good claims," said Esbin. "The labeling rule imposed on retailers rather than on manufacturers are not reasonably ancillary to express jurisdiction."
Besides that, Best Buy (along with other retailers) appears to have gone way out of its way to comply with the FCC on the transition. Best Buy, for instance, was the first retailer to stop selling analog TVs last fall--and from a look at its argument, like a straight-A student who gets criticized by overly demanding parents for getting a B in math, it just wants a break, and maybe, the benefit of the doubt.
Despite that, the FCC probably isn't going to let this one go, so stay tuned.
Speaking of Zeroes and Ones...
Among audiophiles, the analog vs. digital debate rages without end. I, like a lot of other musicians and music fans, have my own preferences--I own many more LPs than CDs, and have paid dearly to record some of my bands' music onto 2-inch tape instead of direct to hard drive. But included in those preferences are some preconceptions. You've heard it before: digital music sounds "colder" or "cleaner" or "more sterile" because it's delivering a stream of 0s and 1s, instead of a pure sound wave. Or something like that.
Audio professionals don't use terms like these, largely because they're subjective and imprecise, and sometimes inaccurate. Recently, one of these professionals presented the best explanation of analog vs. digital sound that I've ever heard. Here's a super-condensed version of an already simplified explanation. ... Read more
It's a lot harder to find an analog television at Best Buy these days. That's because as of the beginning of October, Best Buy stopped selling them, according to an Associated Press report. The largest consumer electronics chain in the U.S. will now only sell televisions with digital tuners.
It's not a huge surprise. The government-imposed digital television mandate is fast approaching. By Feb. 18, 2009, TV broadcasters will be required to broadcast only digital signals, and TVs with only analog tuners will be unable to pick up the new broadcasts. As part of the gradual step up to digital broadcasts, all new televisions larger than 13 inches shipped to retailers after March 1, 2007, need a digital tuner. Stores are allowed to sell any analog sets already in stock.
Best Buy deciding to sell only digital likely means it has shipped all or most of its analog inventory.
The digital age is about to invade your elderly parents' or grandparents' living room. But do they know it?
The pending changes to free over-the-air TV for analog TV owners has gotten the attention on the Hill. The Senate Special Committee on Aging held a hearing Wednesday morning to discuss the topic.
Come February 2009, seniors who have analog TV sets and rely on rabbit ears to capture free TV programming off the airwaves face a huge problem--no picture.
That's when TV broadcasters will be required to halt analog broadcasting and, instead, transmit their content in digital form. For seniors who subscribe to cable, satellite or multichannel video programming services, their TV service will remain uninterrupted, even if they have an analog TV set.
But for those who don't--no TV, unless they purchase a digital-to-analog converter box.
The converter boxes are anticipated to cost anywhere from $50 to $70 and are expected to hit the shelves at consumer electronics stores in early 2008. To help offset the cost of the boxes, the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) will begin offering Converter Box Coupons beginning January 1, 2008.
The $40-coupon can be applied toward the cost of the converter box, but will not cover installation fees, said Todd Sedmak, an NTIA spokesman. Consumers who need the coupons will be entitled to two per household.
An estimated 31 million U.S. households are believed to have an analog TV that relies on free over-the-air programming. Of this group, the Association of Public TV Stations estimates that 24 percent, or approximately 7.5 million viewers, are 65 years old or older.
Some of the concerns raised during the hearing included whether correct information was going to be provided to seniors, or their caregivers, by retailers selling the boxes.
Amina Fazlullah, a media reform advocate and staff attorney for the U.S. Public Interest Research Group, expressed dismay that incorrect information about the converter boxes and the coupon program is being disseminated to seniors who enter the stores.
"We need to make sure retailers are providing accurate information. They're either offering boxes that are not relevant or trying to upsell (a more expensive device) to the consumer," Fazlullah said.
Instead of talking about the digital home today, I thought it might be fun to relive the days of old and help us all develop a greater appreciation for the 'digital' in digital home.
Analog clock
(Credit: Ayende)Some people have asked me what the digital home is and what makes it up. Sometimes I'll go with the obligatory, "Well, imagine a home that's full of the most advanced technology money can buy. And in the process, imagine your home making your life just a little better. That's the digital home." Other times, I'll try a more direct route: "It's the epitome of the tech revolution that we're all a part of." Sometimes I'll get approving nods, while other times I'll look at a confused face from a person who asked a simple question and didn't get an answer at all. Well, in response to those confused faces, I want to highlight the way things were and help show everyone what they're missing.
The digital home is the exact opposite of what I'm about to talk about.
So, without further ado, feast your eyes on some analog and old-time tech goodness.
The digital clock's precursor: The analog clock
If you're reading this on your computer right now, chances are there is a clock in the top right or bottom right of your screen. What does it say? What time is it? Pretty easy, huh? Now imagine a world where the digital clock is gone and the analog clock is the only means of telling time. Sure, you may have an analog watch on your wrist and you probably know how to read it, but isn't it easier to just read the time instead of trying to figure out where two hands are placed on a circular dial? I certainly think so.
The watch I wear everyday features those hands, and many of the clocks in my home are still analog. But for some reason, I still come back to the ol' digital to see what time it is; not only is it more convenient, it's easier--and I like easy.
The iPhone predecessor: Rotary phones
Rotary phone
Remember these old phones? You remember, you have to stick a digit into a hole and spin it around to register a number. Once that number registers, remember that weird static noise that would sound after every rotation? Creepy.
The rotary phone is one of the devices that I can still remember growing up. The handset was attached to the base and if you were really lucky, your family owned an extra-long phone wire so you could go elsewhere with it. The days of portable phones were still years ahead, and while some phones offered the push-dial option, the majority of phones were still using rotary dialing.
Try to go back to the days of rotary dialing and tell me how long that'll last. If you notice when you call for tech support or any other automated answering service, the voice on the other end asks rotary phone users to go elsewhere. I'm not quite sure where they go, but some have come back and said the rotary phone abyss is the scariest place on Earth. Simply put, a rotary phone is about as useful as a sundial these days. That said, I guess there's a market for them on eBay--I've seen old phones going for well over $200.
The computer's big brother: Typewriters
Typewriter
(Credit: UMN)For some of the younger people in the crowd, do you even know what a typewriter looks like? Imagine having a 30-pound behemoth of a machine sitting on top of the desk you're currently using as a place to store your iPod, iPhone and new laptop, and imagine pressing mechanical keys that trigger a printing mechanism on the one sheet of paper you can load into it at a time. Oh, and when you get to the end of the line, make sure you push it back over so you can keep writing your 10-page paper.
That was life when the typewriter ruled the home. And while more advanced machines came out during the twilight of its life that allowed for error correction and automatic line breaks, the typewriter was mostly a pain to use. Not only did you need to line up the paper just so, if you were wrong, chances are you were starting from scratch. Today, you have the ability to hit backspace or delete on your keyboard and everything works perfectly. Be thankful you're not using a typewriter--trust me.
Say goodbye to the TI-83 and hello to the slide rule
Slide rule
(Credit: Wikipedia)The slide rule is basically a mechanical analog computer. It features two rules or scales with a fixed outer pair and an inner pair that slides across the rules while allowing for an open window (called a cursor) to give the user results. As crazy as that explanation sounds (I'm still not sure what this thing does!), the device was just a little crazier. The slide rule was originally used for multiplication and division, but was also used for scientific functions such as roots, logs and trigonometry. Believe it or not, it was once the most commonly used tool in science and engineering before the ol' calculator came around and ruined its party.
Just imagine using one of these things today and I think you'll begin to appreciate that $80 price tag for the TI-83+.
Vinyl-lovin'
Vinyl record
(Credit: Says-it)Remember those days of vinyl? Not only did it help to catapult the entire music industry to another, more ubiquitous level, it allowed for the best sound quality money can buy. And while some people still spend time watching records travel around in a circle, most have given up on it in favor of digital audio--a lossy format that isn't capable of capturing as much sound information as vinyl.
I've heard the justification for vinyl and some have even asked that it come back, but would you really be willing to give your iPod up for a rotating record that only plays one artist's songs and needs to be flipped over if you want to keep listening? Not me. I'll take the loss in audio over that in a second. And if you're really an audiophile, check out FLAC--it should give you adequate sound quality.
So there you have it--a quick list of some of the greatest products from years past. Sure, they may have been great back then, but could you imagine living in that world today, knowing what you know about today's technology? I have no problems with the past and if you put it into perspective, those products were then what our HDTVs and cell phones are today.
Given my druthers, I'd take the digital home any day.
Don Reisinger is a technology columnist who has written about everything from HDTVs to computers to Flowbee Haircut Systems. Don is a member of the CNET Blog Network, and posts at The Digital Home. He is not an employee of CNET. Disclosure.
NASA's gold record comes with a phono cartridge and instructions for set-up and use.
(Credit: NASA/JPL-Caltech)I heard on NPR's Weekend Edition Sunday that it was 30 years ago that NASA sent Voyager 2 into space with the music of Louis Armstrong, Chuck Berry, Beethoven, Bach, and a wide selection of world music. The disc that also contained images of Earth, and the sounds of whales, a baby crying, and waves breaking on a shore. The NASA scientists must have felt sound was one of the best ways to communicate human experience of the 20th century to intelligent life in the distant future.
The gold-plated, 12-inch copper disc was an all-analog recording, probably because that was the only way to ensure the aliens would be able to play the thing 40,000 years from now. That's NASA's estimate for when the Voyager 2 will be far enough from Earth to encounter another planetary system. The interstellar probe is traveling at 38,000 miles an hour, and as of March this year Voyager 2 was 7.68 billion miles from Earth. So sure, it's more than a few years out of warranty, but Voyager 2 is still sending scientific information back to us.
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