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Some Support for ETFs

Potential Set-top Box Rulemaking Welcomed by McDowell

LAS VEGAS -- There has been innovation in set-top boxes, some of it in bypassing cable operators, FCC Commissioner Robert McDowell said on a panel at CES Saturday. When asked how the commission should proceed with a petition for rulemaking on set-top box rules filed by various public interest groups, he said: “If an FNPRM is coming, I welcome it.” Commissioner Meredith Baker said she sees room for improvement in set-top boxes. “There’s not as much competition as we'd like to see for the consumer."

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McDowell also expressed some support for wireless carriers’ early termination fees, a subject that Commissioner Mignon Clyburn said raises concerns for her. Clyburn said she has scheduled meetings with some carriers to discuss the issue. But McDowell said it’s important to remember that ETFs can help broadband adoption. “We need to keep in mind that folks are choosing wireless devices in some cases instead of computers,” he said. The fees, which are a result of subsidies to lower the price for certain phones, will “especially help lower-income Americans” get broadband service, he said.

The FCC needs to begin short-term, medium- and long-term spectrum planning, Baker said. “I don’t think the conversations have to be anti-broadcast, nor do they have to be acrimonious.” There should be a way to satisfy all parties, and TV broadcasters, whose spectrum has been the focus of some discussion, should be involved in the conversation, she said.

The FCC should wait until the U.S. Court of Appeals for the District of Columbia Circuit rules on the commission’s authority to regulate the Internet before adopting network neutrality rules, McDowell said. In the meantime, the commission should proceed with soliciting comments and developing the record, he said. “Until the court rules, I think it’s prudent to collect comments. The court may rule during the course of our deliberations and we'll have more guidance."

Asked about Comcast’s plan to buy a controlling stake in NBC Universal, Clyburn said, “This is really big. From my perspective, questions come up about whether or not this will be good for consumers.”