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Audio Flag

Details of "Audio Flag" Provisions in H.R. 5252 Communications Opportunity, Promotion, and Enhancement Act of 2006

• Sections 453 and 454 of the bill contain the "Audio Flag" provisions.

• Section 453 gives authority to the Federal Communications Commission (FCC) to make rules "governing the distribution of audio content" for HD Radio and Satellite radio, and the receiving devices for each, subject to the outcome of private sector negotiations.

• Section 453 also requires the FCC to ensure that any content protection system allow access to musical works by performing rights organizations (PROs), mechanical rights organizations, and measuring and monitoring services, so they can carry out their activities.

• Section 454 of the bill establishes a "Digital Audio Review Board" as a Federal advisory committee to the FCC.

• The Review Board is to be made up of members appointed by the Chairman of the FCC representing the following communities: IT; software; CE; broadcasters; satellite broadcasters; cable; recording; music publishing; PROs; artists, musicians and performers; songwriters, public interest groups; and any other group the FCC determines will be directly affected.

• The Review Board is given one year to develop by consensus a proposed regulation on content protection for digital radio to the FCC. If it is not finished in one year but is making good progress, the FCC can extend the time by six months.

• If the Review Board comes to a consensus on a proposed regulation, it must transmit it to the FCC. The FCC must give the proposed regulation deference and adopt a rule within 6 months.

• If the Review Board cannot reach a consensus, the FCC may, in its discretion, start a proceeding to determine what, if any, content protection on digital radio is needed.

• If the FCC determines that content protection is needed, it may, in its discretion, start a proceeding to adopt a rule on copy protection for digital radio.