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Television Associations DOCUMENT RESUME ED 318 389 IR 014 061 TITLE Satellite Home Viewer Copyright Act. Hearings on H.R. 2848 before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress (November 19, 1987 and January 27, 1988). INSTITUTION Congress of the U.S., Washington, D.C. 'louse Committee on the Judiciary. PUB DATE 89 NOTE 751p.; Serial No. 89. Portions contain marginally legible type. AVAILABLE FROM Superintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF04/PC31 Plus Postage. DESCRIPTORS *Cable Television; *Communications Satellites; *Copyrights; Federal Legislation; Hearings; *Intellectual Property; *Legal Responsibility; *Policy Formation; Telecommunications IDENTIFIERS Congress 101st ABSTRACT These hearings on the Satellite Home Viewer Copyright Act (H.R. 2849) include:(J.) the text of the bill;(2) prepared statements by expert witnesses (including executives of satellite companies, the Motion Picture Association of Amerira, and cable television associations); (3) transcripts of witneJs testimonies; and (4) additional statements (consisting mostly of letters from telecommunications executives to Congressman Robert W. Kastenmeier) . Appended are legislative materials (Parts 1 and 2 of House of Representatives Report Number 100-887, on the Satellite Home Viewer Copyright Act), additional materials provided by witnesses, and miscellaneous correepondence. ***********A*******************Ak*******************%****************** Reproductions supplied by EDRS are the best that can be made from fJle original document. ****ft***m*R*******g************************************************w*** SATELLITE HOME VIEWER COPYRIGHT ACT HEARINGS BEFORE THE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDREDTH CONGRESS FIRST AND SECOND SESSIONS ON H.R. 2848 SATELLITE HOME VIEWER COPYRIGHT ACT NOVEMBER 19, 1987, AND JANUARY 27, 1988 Serial No. 89 Printed for the use of the Committee on the Judiciary U.B. GOVERNMENT PRINTING OFFICE 89-491 *3 WASHINGTON : 1989 For tale by the Superintendent of Doclunenta, Congreasionel Sales Office U.S. Government Printing Office, Washington, DC 20402 3 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., NewJersey, Chairman JACK BROOKS, Texas ROBERT W. KASTENMEIER, HAMILTON FISH, JR., New York Wisconsin CARLOS J. MOORHEAD,California DON EDWARDS, California HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan DAN LUNGREN, California ROMANO L. MAZZOLI, Kentucky F. JAMES SENSENBRENNER,JR., WILLIAM J. HUGHES, New Jersey Wisconsin MIKE SYNAR, Oklahoma BILL McCOLLUM, Florida PATRICIA SCHROEDER, Colorado E. CLAY SHAW, JR., Florida DAN GLICKMAN, Kansas GEORGE W. GEKAS, Pennsylvania BARNEY FRANK, Massachusetts MICHAEL MIME, Ohio GEO. W. CROCKETT, JR., Michigan WILLIAM E. DANNEMEYER, CHARLES E. SCHUMER, New York California BRUCE A. MORRISON, Connecticut PATRICK L. SWINDALL, Georgia EDWARD F. FEIGHAN, Ohio HOWARD COBLE, North Carolina D. FRENCH SLAUGHTER, JR.,Virginia LAWRENCE J. SMITH, Florida LAMAR S. SMITH, Texas HOWARD L. BERMAN, California RICK BOUCHER, Virginia HARLEY 0. STAGGERS, JR.,West Virginia JOHN BRYANT, Texas BENJAMIN L. CARDIN, Maryland M. ELAINE MIRIXR, General Counsel ARTHUR P. ENDRES, JR., StaffDirector ALATI* F. Corm, JR., AssociateCounsel SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATIONOF JUSTICE ROBERT W. KASTENMEIER,Wisconsin, Chairman MIKE SYNAR, Oklahoma CARLOS J. MOORHEAD, California PATRICIA SCHROEDER, Colorado HENRY J. HYDE, Illinois GEO. W. CROCKETT JR., Michigan BRUCE A. MORRISON, Connecticut DAN LUNGREN, California HOWARD L. BERMAN, California MICHAEL DxWINE, Pennsylvania RICK BOUCHER, Virginia HOWARD COBLE, North Carolina JOHN BRYANT, Texas D. FRENCH SLAUGHTER JR.,Virginia BENJAMIN L. CARDIN, Maryland MICHAM. J. REMINGTON, ChiefCounsel DAVID W. BEIM, Counsel VIRGINIA E. SLOAN, Counsel SUSAN L. COMM!, Counsel THOMAS E. Mootav, Associate Counsel JOSEPH V. WoLVE, Associate Counsel CONTENTS HEARINGS HELD Page November 19, 1987 1 January 27, 1988 173 TEXT Or BILL H.R. 2848, 100th Congress, 1st Session (1987) 2 WITNESSES Bergland, Bob, Executive Vice President, National Rural Electric Cooperative Association 300 Prepared statement 302 Bliss, Roy L., Executive Vice President and Chief Operating Officer, United Video, Inc.; on behalf of United Video, Inc., Southern Satellite Systems, Inc., and Eastern Microwave, Inc 96 Prepared statement 186 Boggs, Timothy A., Vice President, Public Affairs, Warner Communications Inc.; on behalf of the Motion Picture Association of America 48 Prepared statement 52 Brown, Richard L. (Rick), Home Satellite Television Association 300 Prepared statement 320 Ellison, Mark C., Vice President of Government Affairs and General Counsel, Satellite Broadcasting and Communications Association of America 96 Prepared statement with supplement 98 McCauley, Brian, President, Net link USA 206 Prepared statement 246 Malara, Anthony C., Vice President, Affiliate Relations and Distribution, CBS Television Network; accompanied by Phillip Jones, CBS Television Network Advisory Board, and Vice President and General Manager, MTV, Kansas City, Missouri 206 Prepared statement 238 Medress, Mark F., Vice President for New Business Opportunities, Video Cipher Division, General Instrument Corporation 23 Prepared statement 30 Metzger, Mary C. (Kazie), President, Satellite Broadcast Networks (SBN) 96 Prepared statement 158 Mooney, James P., President, National Cr,i3le Television Association 48 Prepared statement 70 Oman, Ralph, Register of Copyrights, Library of Congress; accompanied by Dorothy Schrader, General Counsel, Copyright Office; and Andrea Zizzi, Senior Attorney, Copyright Office 174 Prepared statement 177 Padden, Preston K, President, Association of Independent Television Associa- tione, Inc 206 "repared statement with attachments 264 Phillips, Bob, Chief Executive Officer, National Rural Telecommunications Cooperative 300 Prepared statement 308 Rogers, Thomas S., Vice Presieent, Policy Planning and Business Develop- ment, National Broadcasting Company, Inc 206 Prepared statement 209 (iin IV Seethe ler, Al, Chairman, Satellite Committee, NBCTelevision Affiliate Board, and Vice President and General Manager, KUTV,Salt Lake City, Page Utah 206 Prepared statement 217 Sherman, Charles E., Chairman, Government RelationsCommittee, ABC Tel- evision Affiliates Association, and President and GeneralManager, WHOI- TV, Peoria, Illinois 206 Prepared statement 224 WITNESSES (IN ORDER OF APPEARANCE) NOVEMBER 19, 1987 Mark Medress 23 Timothy A. Boggs 48 James P. Mooney 48 Mark C. Ellison 96 Roy L. Bliss 96 Mary C. (Kazie) Metzger 96 JANUARY 27, 1988 Ralph Oman 174 Thomas S. Rogers 206 Al Seethe ler 206 Charles E. Sherman 206 Anthony C. Malara 206 Brian McCauley 206 Preston R. Padden 206 Bob Berg land 300 Bob Phillips 300 Richard L. (Rick) Brown 300 ADDITIONAL MATERIALS Statement of Bertram W. Carp, Vice Presidentfor Government Affairs, Turner Broadcasting System, November 19, 1987 85 Memo from Mark C. Ellison to All Interested Partiesre: Satellite Television Subscription Systems 111 Information from Kazie Metzger (H.R. 2848, Q & A) 145 Statement of Capital Cities/ABC, Inc., January 27,1988 232 Statement of Dr. William Duhamel, President, DuhamelBroadcasting Enter- prises; on behalf of 97 television stations, withattachment, January 27, 1988 339 ADDITIONAL STATEMENTS Letter from Norman L. Hoge, General Manager,Cornhusker Public Power District, to the Honorable Peter W. Rodino, Jr., withattachment, Septem- ber 3, 1987 353 Letter from V.C. Dawson, President, K-SATBroadcasting Inc., to the Honora- ble Robert W. Kastenmeier, with attachments, November9, 1987 355 Letter from the Honorable Jim Olin,a Representative in Congress from the State of Virginia, to Congressman Robert W.Kastenmeier, November 20, 1987 376 Dear Colleague from the Honorable Jim Olin, March 16, 1988 377 Letter from Bertram W. Carp, Vice President for GovernmentAffairs, Turner Broadcasting System, Inc., to the Honorable RobertW. Kastenmeier, No- vember 20, 1987 378 Letter from Shaun M. Sheehan, Tribune BrosicastingCompany, to the Hon- orable Robert W. Kastenmeier, with attachments, November20, 1987 380 Letter from Francis J. DeRosa, Staff Vice Presidentand Group Counsel, Genoal Electric Company, to the Honorable RobertW. Kastenmeier, De- cember 23, 1987 403 Letter from the Honorable John Hiler,a Representative in Congress from the State of Indiana, to the Honorable Robert W. Kastenmeier,January 26, 1988 405 Prepared testimony of Chet Grochoski, Counsel, Brown,Finn & Nietert, on behalf of the Amway Corporation, January 27, 1938 406 V Letter from Edward 0. Fritts, President & CEO, National Association of Page Broadcasters, to the Honorable Robert W. Kastenmeier, Januuary 28, 1988 415 Prepared statement of A. Philip Corvo, Executive Director, NATFE Interna- tional 418 Letter from Leslie A. Taylor, Director, Government Affairs, GTE, to the Honorable Robert W. Kastenmeier, February 1, 1988 422 Letter from William M. Barnard, Esq., Kenkel, Barnard & Edmundson, to the Honorable Robert W. Kastenmeier, February 3, 1988 424 Letter from Robert Thomson, Vice President, Government Affairs, TCI Tele- Communications, Inc., to the Honorable Robert W. Kastenmeier, February 4, 1988 426 Letter from Bill Noble, Satellite Country, to Congressman
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