DOCSLIB.ORG

Federal Register/Vol. 81, No. 51/Wednesday, March 16, 2016/Proposed Rules

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Federal Register/Vol. 81, No. 51/Wednesday, March 16, 2016/Proposed Rules Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14033 weight (in amu) of 5,500 (CAS Reg. No. Reduction Act (PRA) information have progressed to sending content 9010–77–9) when used as an inert collection requirements contained throughout the home network via IP. ingredient in pesticide formulations herein should be submitted to the This standardization and increasing under 40 CFR 180.960. The petitioner Federal Communications Commission reliance on IP allows for software believes no analytical method is needed via email to [email protected] and to solutions that, with ground rules to because it is not required for an Nicholas A. Fraser, Office of ensure a necessary degree of exemption from the requirement of a Management and Budget, via email to convergence, will make it easier to tolerance. Contact: RD. [email protected] or via finally fulfill the purpose of Section Authority: 21 U.S.C. 346a. fax at 202–395–5167. 629. FOR FURTHER INFORMATION CONTACT: The regulatory and technological path Dated: March 10, 2016. For additional information on this to this proceeding reflects a long Daniel J. Rosenblatt, proceeding, contact Brendan Murray, history. It begins with the Acting Director, Registration Division, Office [email protected], of the Media Telecommunications Act of 1996, when of Pesticide Programs. Bureau, Policy Division, (202) 418– Congress added Section 629 to the [FR Doc. 2016–05952 Filed 3–15–16; 8:45 am] 1573. Contact Cathy Williams, Communications Act. Section 629 BILLING CODE 6560–50–P [email protected], (202) 418–2918 directs the Commission to adopt concerning PRA matters. regulations to assure the commercial availability of devices that consumers SUPPLEMENTARY INFORMATION: Congress use to access multichannel video FEDERAL COMMUNICATIONS adopted section 629 of the programming and other services offered COMMISSION Communications Act in 1996, and since over multichannel video programming then each era of technology has brought 47 CFR Part 76 networks. Section 629 goes on to state unique challenges to achieving Section that these devices should be available [MB Docket No. 16–42; CS Docket No. 97– 629’s goals. When Congress first from ‘‘manufacturers, retailers, and 80; FCC 16–18] directed the Commission to adopt other vendors not affiliated with any regulations to assure a commercial Expanding Consumers’ Video multichannel video programming market for devices that can access Navigation Choices; Commercial distributor.’’ It also prohibits the multichannel video programming, the Availability of Navigation Devices Commission from adopting regulations manner in which MVPDs offered their that would ‘‘jeopardize security of AGENCY: Federal Communications services made it difficult to achieve the multichannel video programming and Commission. statutory purpose. Cable operators used other services offered over multichannel ACTION: Proposed rule. widely varying security technologies, video programming systems, or impede and the best standard available to the SUMMARY: In this document, we propose the legal rights of a provider of such Commission was the hardware-based services to prevent theft of service.’’ In new rules to empower consumers to CableCARD standard—which the cable choose how they wish to access the enacting the section, Congress pointed and consumer electronics industries to the vigorous retail market for multichannel video programming to jointly developed—that worked only which they subscribe, and promote customer premises equipment used with with one-way cable services. In 2010, the telephone network and sought to innovation in the display, selection, and the Commission sought comment on a use of this programming and of other create a similarly vigorous market for new approach that would work with devices used with services offered over video programming available to two-way services, but still only a consumers. We take steps to fulfill our MVPDs’ networks. hardware solution would work because The Commission first adopted rules to obligation under section 629 of the software-based security was not implement Section 629 in 1998, just as Communications Act to assure a sophisticated enough to meet content ‘‘the enormous technological change commercial market for devices that can companies’ content protection demands. resulting from the movement from access multichannel video programming This concept, called ‘‘AllVid,’’ would analog to digital communications [was] and other services offered over have allowed electronics manufacturers underway.’’ The Commission set multichannel video programming to offer retail devices that could access fundamental ground rules for consumer- systems. We propose rules intended to multichannel video programming, but owned devices and access to services allow consumer electronics would have required all operators to put offered over multichannel video manufacturers, innovators, and other a new device in the home between the programming systems. The rules developers to build devices or software network and the retail or leased set-top established (1) manufacturers’ right to solutions that can navigate the universe box. Now, as MVPDs move to Internet build, and consumers’ right to attach, of multichannel video programming Protocol (‘‘IP’’) to deliver their services any non-harmful device to an MVPD with a competitive user interface. We and to move content throughout the network, (2) a requirement that MVPDs also seek comment on outstanding home, those difficulties are gone. Today, provide technical interface information issues related to our CableCARD rules. MVPDs provide ‘‘control channel’’ data so manufacturers, retailers, and DATES: Submit comments on or before that contains (1) the channels and subscribers could determine device April 15, 2016. Submit reply comments programs they carry, (2) whether a compatibility, (3) a requirement that on or before May 16, 2016. Written consumer has the right to access each of MVPDs make available a separate comments on the Paperwork Reduction those channels and programs, and (3) security element that would allow a set- Act proposed information collection the usage rights that a consumer has top box built by an unaffiliated requirements must be submitted by the with respect to those channels and manufacturer to access encrypted public, Office of Management and programs. Many MVPDs already use multichannel video programming Budget (OMB), and other interested Internet Protocol (‘‘IP’’) to provide this without jeopardizing security of parties on or before May 16, 2016. control channel data. Moreover, most programming or impeding the legal ADDRESSES: In addition to filing MVPDs have coalesced around a few rights of MVPDs to prevent theft of comments with the Secretary, a copy of standards and specifications for delivery service, and (4) the integration ban, any comments on the Paperwork of the video content itself, and many which required MVPDs to commonly VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14034 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules rely on the separated security in the The Commission sought comment on for equipment, including software, that devices that they lease to subscribers. this AllVid concept in a Notice of can access multichannel video The Commission did not initially Inquiry but ultimately decided not to programming. A recent news report on impose a specific technical standard to propose rules to mandate it. this topic summarized the issue achieve these rules, but instead adopted In late 2014, Congress passed succinctly: ‘‘some consumer advocates rules that relied ‘‘heavily on the STELAR. Section 106 of that law had wonder why, if you do want a set-top representations of the various interests two main purposes: First, it eliminated box, you can’t just buy one as easily as involved that they will agree on relevant the integration ban as of December 4, you’d buy a cell phone or TV for that specifications, interfaces, and standards 2015, and second, it directed the matter.’’ Before MVPDs transitioned to in a timely fashion.’’ Chairman of the Commission to appoint digital service, it was easy for In December 2002, the cable and an advisory committee of technical consumers to buy televisions that consumer electronics industries adopted experts to recommend a system for received cable service without the need a Memorandum of Understanding downloadable security that could for a set-top box. In 1996, Congress regarding a one-way plug-and-play advance the goals of section 629. The recognized that we were on the cusp of ‘‘CableCARD’’ compatibility standard Chairman appointed 19 members to the a digital world with diverging system for digital cable. In October 2003, the Downloadable Security Technical architectures. To address this, Congress Commission adopted the CableCARD Advisory Committee (‘‘DSTAC’’), and adopted Section 629, and the standard as part of the Commission’s the committee submitted its report to Commission implemented that section rules, and consumer electronics the Commission on August 28, 2015. of the statute by separating the parts of manufacturers brought unidirectional The DSTAC Report gave an account of cable system architectures that were not CableCARD-compatible devices to the increasing number of devices on consistent among systems into a module market less than a year later. At least six which consumers are
Load more

Recommended publications
  • Jeffrey A. Campbell Senior Director, Technology and Trade Policy CISCO SYSTEMS, INC
    Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Video Device Competition ) MB Docket No. 10-91 ) Implementation of Section 304 of the ) Telecommunications Act of 1996 ) ) Commercial Availability of Navigation ) CS Docket No. 97-80 Devices ) ) Compatibility Between Cable Systems and ) PP Docket No. 00-67 Consumer Electronics Equipment ) REPLY COMMENTS OF CISCO SYSTEMS, INC. Jeffrey A. Campbell Senior Director, Technology and Trade Policy CISCO SYSTEMS, INC. 1300 Pennsylvania Avenue, N.W. Suite 250 Washington, D.C. 20004 202.354.2920 August 12, 2010 TABLE OF CONTENTS SUMMARY.................................................................................................................................... ii I. INTRODUCTION .............................................................................................................. 1 II. THE RECORD DOES NOT SUPPORT IMPOSING AN ALLVID REGIME AT THIS TIME......................................................................................................................... 2 A. Commenters Have Demonstrated that AllVid is Unnecessary............................... 2 B. The Record Shows That AllVid Will Stifle Innovation, Harm Consumers, and be Obsolete On or Before Deployment............................................................ 4 III. IF THE COMMISSION ADOPTS ALLVID, IT MUST AFFORD MAXIMUM FLEXIBILITY TO MANUFACTURERS IN ORDER TO PROMOTE COMPETITION AND INNOVATION IN VIDEO DELIVERY.................................... 11 A. “Common Reliance” Is
    [Show full text]
  • Tomorrowvision
    TOMORROWVISION Inside: The shocking truth about the policy tweaks that could help promote online video! John Bergmayer April 2012 Public Knowledge Working Paper 00000001 TOMORROWVISION The Elevator Pitch What’s wrong with TV? The shows themselves are better than ever, but the way that viewers watch and pay for TV is stuck in the past. To fix this, policymakers should take steps to increase competition in program distribution. After a few policy changes online video services should be able to compete head-to-head with cable and satellite TV, and this increased competition will allow TV to catch up with the innovation that has marked mobile devices, consumer electronics, and broadband Internet services over the past several years. In particular: ★The FCC should issue a declaratory ruling that multichannel video programming distributors (cable and satellite TV providers, or MVPDs) may not engage in “unfair methods of competition or deceptive acts and practices” with regard to online video distributors (OVDs). ★The FCC should begin a proceeding to determine which regulations ought to apply to OVDs that choose to operate as MVPDs themselves. ★Congress and the FCC should reform the law to allow MVPDs more flexibility in carrying broadcast signals. ★The FCC should open up device competition. This paper will attempt both to diagnose why the TV marketplace is stuck with outdated distribution and business models and to explain why the above policies could be the fix it needs. † of a cable subscription that tethers them to the Introduction living room. Mobile devices and the broadband Internet have totally change the way they “TV is Broken.” The title of a recent blog consume media and communicate in every area post1 by Patrick Rhone says it all.
    [Show full text]
  • American Broadcasting Company from Wikipedia, the Free Encyclopedia Jump To: Navigation, Search for the Australian TV Network, See Australian Broadcasting Corporation
    Scholarship applications are invited for Wiki Conference India being held from 18- <="" 20 November, 2011 in Mumbai. Apply here. Last date for application is August 15, > 2011. American Broadcasting Company From Wikipedia, the free encyclopedia Jump to: navigation, search For the Australian TV network, see Australian Broadcasting Corporation. For the Philippine TV network, see Associated Broadcasting Company. For the former British ITV contractor, see Associated British Corporation. American Broadcasting Company (ABC) Radio Network Type Television Network "America's Branding Broadcasting Company" Country United States Availability National Slogan Start Here Owner Independent (divested from NBC, 1943–1953) United Paramount Theatres (1953– 1965) Independent (1965–1985) Capital Cities Communications (1985–1996) The Walt Disney Company (1997– present) Edward Noble Robert Iger Anne Sweeney Key people David Westin Paul Lee George Bodenheimer October 12, 1943 (Radio) Launch date April 19, 1948 (Television) Former NBC Blue names Network Picture 480i (16:9 SDTV) format 720p (HDTV) Official abc.go.com Website The American Broadcasting Company (ABC) is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948. As one of the Big Three television networks, its programming has contributed to American popular culture. Corporate headquarters is in the Upper West Side of Manhattan in New York City,[1] while programming offices are in Burbank, California adjacent to the Walt Disney Studios and the corporate headquarters of The Walt Disney Company. The formal name of the operation is American Broadcasting Companies, Inc., and that name appears on copyright notices for its in-house network productions and on all official documents of the company, including paychecks and contracts.
    [Show full text]
  • Allvid, FCC Set-Top Box Proposal
    Policy Brief August 2016 AllVid, FCC Set-Top Box Proposal AT-A-GLANCE The AllVid Proposal by the Federal Communications Commission (FCC) would impose a mandate on Multichannel Video Programming Distributors (MVPDs) to open “information streams” around programming to creators of competitive devices and apps; opening up set-top boxes to third parties. BACKGROUND The AllVid regulation would require MVPDs to open “three core information systems”: service discovery (what programming is available to the consumer e.g. channel listing, video on demand and channel lineup); entitlements (information about what a device is allowed to do with content, such as recording); and content delivery (the programming itself) to third-party companies. The FCC’s rationale is that AllVid will lower consumer costs, increase competition, and expand independent and minority programming. Due to broad concerns communicated to FCC Chairman Wheeler, the proposal is being revisited and revised by the FCC. The cable industry has submitted a counter proposal that offers a more favorable app- based solution as well. There is pressure from both sides of the aisle to make a decision. ANALYSIS The cable industry is one of the most innovative with new technologies and standards emerging every day that improve the consumer’s video programming experience and choice. Innovation is already driving a competitive market place. Set-top boxes continue to evolve, increasing consumer value and experience. Cable providers are incentivized to offer more innovative set-top boxes as they become available to stay competitive, and are currently rolling-out app-based services. (Contour Flex) – no mandate is necessary. AllVid will allow third party companies access to programming, which they haven’t paid for, in order to repackage for profit.
    [Show full text]
  • Federal Communications Commission FOIA Request Log, July 2015
    Federal Communications Commission FOIA request log, July 2015 - June 2016 Brought to you by AltGov2 www.altgov2.org/FOIALand Tracking Number Requester Organization Submitted Due Closed Date Status Dispositions Detail We are writing in relation to Nobel Financial Ltd. ("the Company"), a company which is in the process of being licensed as an electronic money institution in terms of the Financial Institutions Act. The MFSA has been informed that Mr. Micaiah Drew Poleate will be appointed as Executive Vice President and Senior Manager of the Company. We undestand that Mr. Poleate may be known to the US Federal Communications Commission ("FCC") in view of his past involvement as Financial Analyst of Nobel Limited Company LLC, during the period February 2002 to December 2006, which we understand is a company regulated by the FCC. In this regard, we would appreciate if you could kindly confirm whether: a) our understanding is correct; b) Mr. Poleate is currently held in good-standing by the FCC; c) there have been any complaints against Mr. Poleate in connection with which the FCC has or will be taking action; and d) Mr. Poleate has ever FCC-2015-000595 Malta Financial Services Authority 06/30/2015 07/29/2015 07/20/2015 Closed No records been subjected to any censure or criticism and/or disciplinary proceeding by the FCC. FCC-2015-000596 06/30/2015 08/12/2015 08/03/2015 Closed Partial grant/partial denial PLEASE SUPPLY ANY AND ALL RECORDS INVOLVING KG5IDD AND FILE NUMBER 0006853120 FCC-2015-000597 06/30/2015 08/12/2015 08/03/2015 Closed Partial grant/partial denial ANY AND ALL RECORDS ON WD5GXH • A copy of information exchanged between the office of the president or his national security staff and the NTIA regarding preparations for the 2012 World Conference on International Telecommunications (WCIT) negotiations, negotiating stance, the desired outcome of the negotiations, proposals , reservations, and/or concerns about the WCIT process.
    [Show full text]
  • Federal Communications Commission FCC 12-126 Before the Federal Communications Commission Washington, D.C. 20554 in the Matter O
    Federal Communications Commission FCC 12-126 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Basic Service Tier Encryption ) MB Docket No. 11-169 ) Compatibility Between Cable Systems and ) PP Docket No. 00-67 Consumer Electronics Equipment ) ) Inter Mountain Cable Inc.’s Request for Waiver of ) CSR-8483-Z Section 76.630(a) of the Commission’s Rules ) ) RCN Telecom Services, Inc.’s, Request for ) CSR-8525-Z Waiver of Section 76.630(a) of the Commission’s ) Rules ) ) Coaxial Cable TV’s Request for Waiver of Section ) CSR-8334-Z 76.630(a) of the Commission’s Rules ) ) Mikrotec CATV LLC’s Request for Waiver of ) CSR-8528-Z Section 76.630(a) of the Commission’s Rules ) REPORT AND ORDER Adopted: October 10, 2012 Released: October 12, 2012 By the Commission: Chairman Genachowski issuing a statement; Commissioners McDowell and Pai approving in part, concurring in part and issuing separate statements. TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION...........................................................................................................................1 II. BACKGROUND.............................................................................................................................2 III. DISCUSSION..................................................................................................................................8 A. Systems Eligible to Encrypt ..........................................................................................9 B. Benefits of Permitting
    [Show full text]
  • Before the Federal Communications Commission Washington, DC 20554
    Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Video Device Competition ) MB Docket No. 10-91 ) Implementation of Section 304 of the ) Telecommunications Act of 1996 ) ) CS Docket No. 97-80 Commercial Availability of Navigation ) Devices ) ) PP Docket No. 00-67 Compatibility Between Cable Systems and ) Consumer Electronics Equipment ) COMMENTS OF SONY ELECTRONICS INC. Jeffrey L. Turner Michael T. Williams Kevin J. Martin Joel Wiginton Megan L. Sowards James Morgan Patton Boggs LLP Sony Electronics Inc. 2550 M Street, NW 1667 K Street, NW Washington, D.C. 20037 Washington, D.C. 20006 (202) 457-6434 (202) 429-3650 Counsel for Sony Electronics Inc. EXECUTIVE SUMMARY Sony Electronics Inc. (“SEL”) supports measures that will encourage the rapid and widespread deployment of “AllVid” adapter/gateway devices by all Multichannel Video Programming Distributors (“MVPDs”). An all-MVPD adapter/gateway device will at long last foster meaningful competition among service providers and device manufacturers. Such a solution will not only unlock innovation, but also will enable the competition in consumer set-top boxes that Congress and the Commission have long desired. A universal AllVid/gateway device will mark a natural, evolutionary step in the progression of television over time. In the first 50 or so years of television (the era of TV 1.0), consumers received video through one technology—a national standard that applied to all over-the-air broadcasts. This model encouraged a great deal of innovation and competition, but it could not withstand the march of technology. In the 1970s and 1980s, as the country entered the era of TV 2.0, consumers entered the MVPD age, first through cable operators and then through direct broadcast satellite services (and more recently through services provided by telephone companies).
    [Show full text]
  • Phoenix Center Policy Paper Number 41: Wobbling Back to the Fire: Economic Efficiency and the Creation of a Retail Market for S
    PHOENIX CENTER POLICY PAPER SERIES Phoenix Center Policy Paper Number 41: Wobbling Back to the Fire: Economic Efficiency and the Creation of a Retail Market for Set-Top Boxes T. Randolph Beard, PhD George S. Ford, PhD Lawrence J. Spiwak, Esq. Michael Stern, PhD (December 2010) © Phoenix Center for Advanced Legal and Economic Public Policy Studies, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak and Michael Stern (2010). Phoenix Center Policy Paper No. 41 Wobbling Back to the Fire: Economic Efficiency and the Creation of a Retail Market for Set-Top Boxes T. Randolph Beard, PhD George S. Ford, PhD† Lawrence J. Spiwak, Esq.‡ Michael Stern, PhD (© Phoenix Center for Advanced Legal & Economic Public Policy Studies, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak and Michael Stern (2010).) Abstract: Under Section 629 of the Communications Act, Congress directed the FCC to adopt regulations to promote a retail market for set-top boxes. The Commission’s first attempt was the ill-fated CableCard experiment, which—by the Commission’s own admission—was a dismal failure. In response, the Commission is now contemplating an aggressive new “AllVid” regime, whereby the agency would mandate multichannel video program distributors (“MVPDs”) to provide an adapter to serve as a “common interface for connection to televisions, DVRs, and other smart video devices.” Because the FCC is again proceeding without any formal economic analysis of the nature of the service-equipment relationship in the MVPD market, we do so here and our findings are significant. First, our theoretical analysis reveals that the set-top box conveys no additional market power to the MVPD.
    [Show full text]
  • Testimony of John Bergmayer Senior Staff Attorney Public Knowledge
    Testimony of John Bergmayer Senior Staff Attorney Public Knowledge Before the U.S. Senate Committee on Commerce, Science, and Transportation Subcommittee on Communications, Technology and the Internet Hearing On: The State of Video Washington, DC May 14, 2013 Testimony of John Bergmayer Senior Staff Attorney Public Knowledge Before the U.S. Senate Committee on Commerce, Science, and Technology Subcommittee on Communications, Technology, and the Internet Hearing on “The State of Video” May 14, 2013 Good morning Chairman Pryor, Ranking Member Wicker, and members of the Subcommittee. Thank you for the opportunity to participate in today’s hearing. My name is John Bergmayer, and I work for Public Knowledge, a non-profit public interest organization that seeks to ensure that the public benefits from a media ecosystem that is open, competitive and affordable. Today, I am going to recommend that the Senate consider re-aligning some of the rules that govern the video marketplace so that they better serve the public interest, allowing all creators to be fairly compensated while bringing down bills and increasing the choices available to viewers. INTRODUCTION There is widespread agreement that we are living in a golden age of television. Technology has increased people's choices so they can watch just the shows and movies they are interested in. Digital technology allows cable and satellite services to fit more channels in the same bandwidth. DVRs give people control over how they watch broadcast and cable programming, and online streaming services provide access to a large back catalog of movies and TV shows. Computers, smartphones, tablets, and connected devices are changing what it means to “watch TV.” These new choices have allowed people to watch more specialized programming that fits their individual tastes.
    [Show full text]
  • Economic Analysis of the Regulation of MVPD Navigation Devices
    Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Video Device Competition MB Docket No. 10-91 Implementation of Section 304 of the Telecommunications Act of 1996 Commercial Availability of Navigation Devices CS Docket No. 97-80 Compatibility Between Cable Systems and PP Docket No. 00-67 Consumer Electronics Equipment Economic Analysis of the Regulation of MVPD Navigation Devices Michael G. Baumann and John M. Gale July 19, 2010 ECONOMISTS INCORPORATED Economic Analysis of the Regulation of MVPD Navigation Devices Executive Summary The Commission’s Notice seeks comment on the economics of the navigation device marketplace. Low demand for retail set-top boxes is a product of rational consumer preferences, not a sign of market failure. There are many economic reasons why consumers prefer to lease rather than purchase set-top boxes: leasing allows consumers to avoid sunk costs when upgrading equipment, leasing provides service and support from the same source as the content, leasing permits easier switching among MVPDs, and leasing reduces the upfront costs to a consumer. Certain parties mistakenly point to the small size of the retail set-top box market as a sign of market failure. Market failure is the inability of a system of private markets to provide certain goods either at all or at the most desirable or “optimal” level due to improper pricing of either the inputs or the output. That is not the case here. Moreover, there is no monopoly power in the leasing of equipment by MVPDs because in markets not subject to effective competition cable operators must offer set-top boxes at or below cost plus a prescribed rate for return on capital, and in markets that are subject to effective competition that competition from other MVPDs (e.g., satellite and telco) limits a cable operator’s ability to charge an above-competitive lease rate.
    [Show full text]
  • Allvid Comments
    Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Video Device Competition ) MB Docket No. 10-91 ) Implementation of Section 304 of the ) Telecommunications Act of 1996 ) ) Commercial Availability of Navigation ) CS Docket No. 97-80 Devices ) ) Compatibility Between Cable Systems ) PP Docket No. 00-67 and Consumer Premises Equipment ) COMMENTS OF PUBLIC KNOWLEDGE & NEW AMERICA FOUNDATION Harold Feld Legal Director John Bergmayer Staff Attorney Chris Reilly Benjamin Lennett Law Clerk Policy Analyst, Open Technology Initiative Public Knowledge New America Foundation 1818 N St. NW 1899 L St., NW Suite 410 Suite 400 Washington, D.C. 20036 Washington, D.C. 20036 (202) 861‐0020 (202) 986-2700 July 13, 2010 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................. ii INTRODUCTION ............................................................................................................ 1 SUMMARY ....................................................................................................................... 2 I. The Commission Must Enact Rules That Ensure the Success of the AllVid Approach ............................................................................................................... 7 A. MVPD-Supplied Video Devices That Access Content Provided over the Home IP Network Must Not Be Cross-Subsidized With Service Fees, and Must Rely on the Same Technologies Used by Third-Party Devices...........................................................7
    [Show full text]
  • “Unlock the Box” Should End Video Device Regulation
    Perspectives from FSF Scholars September 25, 2020 Vol. 15, No. 50 Closing the Lid on "Unlock the Box" Should End Video Device Regulation by Andrew Long * I. Introduction and Summary On September 4, 2020, the FCC formally terminated the dormant and highly problematic "navigation device" rulemaking initiated in 2016 by then-Chairman Tom Wheeler. The so-called "unlock the box" proposal, like prior agency attempts to implement a statutory "set-top box" mandate long ago rendered unachievable – and, more importantly, unnecessary – by subsequent competitive developments, suffered from numerous flaws. Most notable among them was the proposal's infringement of the intellectual property and contractual rights of content owners. The Commission's decision to close the lid is a positive deregulatory step, one that recognizes that the video device marketplace on its own has accomplished what government intervention could not. The Report and Order therefore should signal the end, once and for all, of unsuccessful regulatory activity to satisfy Section 629 of the Communications Act, which for twenty-five years has compelled wasteful agency attempts to assure the commercial availability of set-top boxes and other navigation devices used to access multichannel video programming. As the Commission recognizes, consumers today are able to access both traditional, regulated multichannel video programming distributor (MVPD) offerings and Internet-delivered services on a wide range of products sold at retail: dedicated streaming devices, smart TVs, gaming The Free State Foundation P.O. Box 60680, Potomac, MD 20859 [email protected] www.freestatefoundation.org consoles, smartphones, tablets, and more. These products are sold by a multitude of unaffiliated entities, including Amazon, Apple, Facebook, Google, Microsoft, Roku, Samsung, and Sony.
    [Show full text]