Questions Remain as FCC Approaches Vote on Cable Set-Top Box Proposal

On Thursday, the Federal Communications Commission (FCC) will vote on a proposal aimed at modernizing how consumers access cable and satellite programming. These rules will govern how consumers access devices (sometimes called “set-top boxes”) needed to view subscription cable and satellite content (termed by the FCC as “multichannel video programming,” provided by “multichannel video programming distributors” or MVPDs).

While the FCC issued proposed rules earlier in 2016 intended to improve consumers’ home viewing experiences with new, innovative technologies, we can only speculate what the yet-to-be-adopted final rules will contain.

As we’ve discussed previously, apps are playing an increasingly central role in how consumers watch programming, often making traditional set-top boxes irrelevant. With advancement in this space, consumers should be able to enjoy an app-based interactive experience that is device-agnostic. Such an approach is critical to ACT | The App Association members creating the software that makes this possible.

While this vote should present a significant shift in the way Americans access cable and satellite programming, a number of critical aspects remain unresolved.

The App Association has urged – along with Representatives Yvette Clarke (NY-9), Gene Green (TX-29), and 50 other Members of Congress – the FCC to delay rulemaking until a more detailed impact analysis on small and minority businesses has been completed.

Further, a bipartisan group of Members of Congress has advised the FCC to publicly vet its proposed rules before adopting them, noting that the Commission could use its rulemaking process to seek further comment on key areas still under consideration. And most recently, FCC Commissioner Jessica Rosenworcel expressed views consistent with those of the U.S. Copyright Office, noting concerns around copyright licensing provisions during a Senate Commerce Committee oversight hearing.

App makers create solutions to help consumers easily access content in a way that leverages the power of the app economy. To ensure that the traditional world of rented cable and satellite set-top boxes can transition into this innovative ecosystem, further dialogue with these key stakeholders is needed before rules are adopted.