Keep the spectrum, keep it open

Mike Godwin has a suggestion to avoid the Digital TV impasse. Allow each TV station to decide whether to keep the digital spectrum and return the analog, or vice versa, and require them to make their programs available for internet download,

Personally, I don't understand why no-one has pointed out the missing principle in this debate. If TV stations are to be given local monopoly rights over big chunks of public spectrum, they should be required to not encumber their transmissions with encryption or access control, so the public can freely receive their shows.