Programmers, Roku, TiVo, Best Buy, ACA Weigh In on Set-Tops

Programmers are “strongly opposed” to any set-top licensing scheme that gives the FCC the power to alter the terms of content licenses, representatives of Time Warner, Scripps, Viacom, Disney, CBS and 21st Century Fox said in a Sept. 1 meeting with aides to Chairman Tom Wheeler, staff from the Office of General Counsel, and FCC Chief Technologist Scott Jordan, according to an ex parte filing in docket 16-42. Numerous programmer ex parte filings and industry officials have indicated the FCC is proposing a new apps-based set-top plan that includes commission oversight of a licensing program that would allow third parties to run multichannel video programming distributors' apps on their devices (see 1609060080). Though the ex parte letter indicated programmer support for the FCC’s apps-based direction and plans to enforce copyright rules, the content companies restated their concerns about the licensing aspect. “Any arrangement in which they are forced to allow their content to be distributed on terms or conditions to which programmers would not agree would be tantamount to a compulsory copyright license, which the Commission lacks authority to impose,” the filing said. The American Cable Association also met with FCC officials Sept. 1, to ask that any set-top rules exempt MVPDs with fewer than 400,000 subscribers, and allow those with up to a million subscribers more time to comply, according to an ex parte filing. In a separate letter, TiVo indicated support for the small carrier exemption, and asked that any new set-top rules contain provisions requiring MVPDs to continue supplying CableCARDs. The FCC’s new-set top plan is expected to contain a carve-out for smaller carriers, industry officials told us. In its recent letter, set-top maker Roku asked the FCC not to require that third-party box makers use HTML5, which MVPDs had sought in their own apps proposal. Industry officials and ex parte filings indicate the set-top plan currently pursued by the FCC doesn’t require the use of HTML5, though pay-TV interests are still pushing for it. In a Sept. 2 letter, Best Buy filed in support of the original NPRM, which it said could protect the interests of both MVPDs and consumers.