FCC Lacks Authority to Regulate ATSC 3.0 Patent Licensing: Ericsson

Though Ericsson doesn't participate in ATSC 3.0 standards-setting activities, it worries about the “chilling effect” an FCC effort to regulate reasonable and nondiscriminatory (RAND) 3.0 patent licensing would have on “other important areas of innovation” before the commission, including 5G, commented the company in docket 16-142 in the FCC’s NPRM on 3.0 (see 2207060019). Promulgating FCC rules that regulate royalties for 3.0-essential patents, including agency attempts to define what constitutes RAND licensing terms, “would create unintended consequences and harm future communications innovation,” plus it would “exceed the scope” of the commission’s “legal authority,” it said. “In the rare case where the FCC has intervened with patent and license negotiations, the Commission found that such action was necessary to carry out its explicit statutory directive, but even then did not directly regulate patent licensing,” said Ericsson.