Since 2002, when the FCC selected in-band, on-channel, or IBOC, as the technology enabling AM and FM radio broadcast stations to go digital, Digital Audio Broadcasting, or DAB, has grown in popularity. Apart from transmitting near-CD quality audio signals, IBOC provides data services like station, song and artist identification, stock and news information.
IBOC also lets a radio station split its digital channel so that it can broadcast multiple streams of digital audio programming and allows broadcasters to use their current radio spectrum to transmit AM and FM analog signals simultaneously with new digital signals.
In April, recognising that the rules and requirements of the system needed to be updated, the FCC launched a consultation on the way forward for DAB. On Wednesday, it heard from the RIAA as well as broadcasters and consumer groups.
The RIAA, the Recording Industry Association of America, warned the FCC that unprotected digital radio would create free libraries of thousands of CD-like quality songs; allow users to "cherry-pick" the music wanted through an automated search function; and allow them to redistribute songs over the internet.
"The potential upside of digital radio for fans, artist and labels, broadcasters and others in the music chain is tantalising," said Mitch Bainwol, Chairman and CEO of the RIAA. "For the potential to be fully reached, we need the help of the FCC to approve some common-sense safeguards. Given the enormous damage wrought by peer-to-peer piracy, a little advance prudence here would go a long way."
The RIAA's brief argues that unprotected high-definition radio could become a popular substitute for the unauthorised peer-to-peer networks, as consumers could acquire all the music they want from free over-the-air broadcasts without having to download any software, expose their computers to viruses and spyware or themselves to a copyright infringement lawsuit.
The solution, says the RIAA, is either to encrypt the copyrighted music being broadcast or to use an audio protection flag that, as with digital television broadcasts, tells the recording device being used to encrypt the recording to prevent further distribution of it.
But the RIAA stresses that there is no intent to prevent consumers from enjoying DAB as they would traditional analogue radio - by manually pressing a button to start and stop recording a song. Instead, says the RIAA, it is merely trying to prohibit "cherry-picking" and the unfettered redistribution of the music.
For its part, consumer group the Consumer Electronics Association warned the FCC that restraints on DAB could stifle innovation, chill technological progress, and deny US consumers the non-commercial recording rights upon which they have come to rely.
"This [consultation] is the latest example of the content community - in this case the Recording Industry Association of America - seeking to limit consumers' recording rights and rollback the landmark 'Betamax' decision, which maintains that manufacturers have the right to sell a product if it is capable of any commercially significant non-infringing uses," said CEA President and CEO Gary Shapiro.
"Interfering with radio broadcasters' shift to digital broadcasting would choke off advancement and modernisation. Not only is that un-American, it's totally without merit," he added.
A further set of comments is due to be submitted to the FCC by 16th July.