Senators Question FCC Set-top NPRM, Urging 'Delay' of Proceeding

The American Cable Association, NTCA and WTA lauded the letter that Sens. Steve Daines, R-Mont., and Jon Tester, D-Mont., sent to the FCC Thursday urging a “delay” of its set-top box proceeding “until the FCC sufficiently studies the specific costs and impacts of the proposal on rural consumers and small providers.” Ten senators signed the letter, three Democrats and seven Republicans. They warned against putting “additional burdens” on small providers unable to cover the costs of “building the architecture” associated with any new rules. “This is the latest in a series of letters from Congress questioning the FCC’s set-top box proposal,” said WTA Vice President-Government Affairs Derrick Owens: “It’s not often you see content providers, distributors, economists, Republicans, and Democrats all aligned against a proposal from the FCC.” The senators “rightly point out the harm the FCC’s set-top box proposal would have on these consumers and their providers,” said American Cable Association President Matt Polka. The letter showcases “increasing concerns with regard to the threats to rural consumers and small companies that would arise if the FCC were to adopt its proposed video navigation technology mandate,” NTCA CEO Shirley Bloomfield said. Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., also sent the FCC a letter Thursday requesting clarity. “I share the Administration’s concern that the proposed licensing process to address consumer privacy ‘leaves important questions to be addressed,’” Leahy said. “The patchwork of state privacy laws and Federal Trade Commission enforcement alone are not adequate protections and would leave consumers guessing about which set of laws apply depending on where they live and from whom they purchase a navigation system.” The NPRM “must not leave consumers and programmers with fewer rights than they have today,” Leahy warned, also saying “reliance on existing copyright protections is insufficient.” The Consumer Video Choice Coalition, which backs the NPRM, called Leahy’s letter a positive sign: “We applaud and commend Senator Leahy for standing up for consumers who want to unlock the box and end the cable monopoly. We agree; choice and competition, as Congress directed the FCC to implement 20 years ago, has been a long time coming. Families could save $231 per year or more if the FCC takes action.”