Monty Tayloe

The work of the Downloadable Security Technical Advisory Committee is being derailed by members determined to base aspects of the committee’s downloadable security solution on CableCARD and the AllVid proceeding, pay-TV companies and associations said in an April 10 letter to DSTAC Chair Cheryl Tritt. The committee is in danger of exceeding its congressionally defined mandate, and Tritt should “ensure that the DSTAC does not squander its limited time and resources on such extraneous matters,” said the letter signed by eight DSTAC members including Comcast and Cablevision, and nonmembers such as DirecTV and the American Cable Association.

LAS VEGAS -- Broadcasters need to move to the next-generation ATSC 3.0 in order to succeed after the incentive auction, NAB President Gordon Smith said in his keynote at NAB Show Monday. Since a successful incentive auction will leave 80 percent of current full-power stations and only 60 percent of the current broadcast spectrum, TV broadcasters have to learn to “do more with less,” Smith said. A move to ATSC 3.0 would allow them to do so, he told us after the speech. “There’s no question broadcasting will survive after the auction," but moving to ATSC 3.0 "will allow it to thrive,” Smith told us.

Pay-TV services, online video distributors (OVDs) and programmers don’t agree on whether an FCC proposal to adjust the meaning of the term multichannel video programming distributor (MVPD) to include over-the-top (OTT) video providers is good for online video, according to reply comments filed Wednesday in docket 14-261. “No commenter has identified any evidence of a problem in the OTT ecosystem that could warrant regulatory intervention now,” said AT&T, echoing Amazon and MLB Advanced Media. Extending MVPD status to OVDs would “facilitate online providers’ ability to gain access to video programming and enable the Commission to address practices by programmers that stymie greater video competition,” countered Verizon, echoed by online TV service FilmOn and the Tennis Channel.

Disagreement over whether a future downloadable security platform should account for over-the-top (OTT) content, use CableCARD as a baseline, or take the form of an app dominated the second meeting of the congressionally mandated Downloadable Security Technical Advisory Committee (DSTAC) Tuesday. Formed under a provision of the Satellite Television Extension and Localism Act Reauthorization, the committee of representatives from companies, trade groups and public interest organizations appeared to be divided along lines going back to the CableCARD regime they're trying to replace.

A three-judge panel of the U.S. Court of Appeals gave few hints of how it is leaning during oral argument Thursday on NAB and Sinclair’s challenge of the FCC’s incentive auction rules, several attorneys who watched the event told us. Though the judges allowed NAB’s advocate, Gibson Dunn attorney Miguel Estrada, to speak for more than 15 minutes beyond his allotted time with relatively few interruptions, both sides were asked roughly a similar number of questions. The judges didn’t noticeably seem to favor the arguments of either side, several attorneys connected to both sides of the case told us on background. “This is a really hard one to predict from oral argument,” said Jack Goodman, a former NAB attorney who attended the hearing but wasn’t participating. Though each side was allotted 20 minutes, the judges allowed oral argument to go on for an hour and seven minutes.

A group of broadcast companies worked together to hamper Aereo’s ability to sell its assets at auction after it declared bankruptcy, the now-defunct streaming TV service said in a complaint filed in U.S. Bankruptcy Court in New York Monday. ABC, CBS, Univision, WNET and numerous other broadcasters argued in a series of court filings that Aereo’s network of antennas and other equipment could only be used to infringe broadcast copyrights, the complaint said. The broadcasters ran a "concerted campaign of tortious conduct" that had a “substantial chilling effect” on the sale of those assets in February, the complaint said. During the lead-up to the auction, several prospective purchasers “expressed concern regarding the consequences of purchasing the Debtor’s content-delivery assets given the Broadcasters’ conduct,” Aereo said. Instead of Aereo’s technology being bought by an online video distributor service that could have made use of it, Aereo’s tech was sold “piecemeal” the complaint said. “The Debtor’s patents were sold to RPX Corp., a company specializing in defensive patent acquisitions, for $225,000; the Debtor’s trademarks, domain names and customer lists were sold to TiVo Inc. for $1,000,000; and portions of Aereo’s equipment was sold to Alliance Technology Solutions, Inc. for $320,000.” The value of Aereo’s patents “is highest when owned by an entity actually practicing the technology disclosed in those patents,” the complaint said. The piecemeal sale “forced by the lack of bidders, severely reduced their overall value,” said Aereo. The defunct company is seeking damages to be determined at trial, the complaint said. The Supreme Court found against Aereo in a case concerning its right to retransmit broadcast content, prompting its shutdown and bankruptcy filing (see 1406260071). Several broadcasters contacted for comment on the Aereo complaint declined to respond. NAB declined comment on the complaint.

The FCC intentionally ignored edge providers and content companies blocking ISP customers in its new net neutrality rules, said ACA Board Chairman Robert Gessner in a press conference at the association's Summit 2015. FCC officials had acknowledged the issue as a problem that could be addressed by the commission but abandoned that stance after President Barack Obama supported Communications Act Title II regulation, ACA President Matt Polka said. ACA representatives and speakers at the event Wednesday also discussed the Comcast/Time Warner Cable merger and future FCC policies on retransmission consent and program carriage.

That executives from four large broadcasters pledged in a meeting with FCC Chairman Tom Wheeler to help the commission hold a successful incentive auction “as quickly as possible” is seen as a positive sign for the auction. It's a possible reaction to NAB’s tactics and court challenge of the auction order, said broadcast attorneys in interviews Monday.

The FCC’s Downloadable Security Technological Advisory Committee doesn’t include a correct balance of views and excludes viewpoints important to the set-top box industry, said officials at some companies that aren't represented on the Satellite Television Extension and Localism Reauthorization Act-mandated body.

The expected FCC increase of the standard for what’s considered broadband (see 1501280056) could affect the review of Comcast’s proposed buy of Time Warner Cable, but not very much, attorneys involved in the proceeding and industry analysts said. Though a 25 Mbps downstream threshold would mean Comcast controlled close to half of U.S. broadband, the use of that benchmark in the FCC broadband progress report doesn’t automatically mean the same number is used in the transaction review process, said Public Knowledge Senior Staff Attorney John Bergmayer. He has asked the FCC to deny the deal.