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FCC Delays Set-Top Box Vote as Monthly Meeting Begins; Some Hopeful of Compromise

Even as FCC commissioners began their monthly meeting sans the unlock-the-box order, the item remains on circulation and some parties tell us they're hopeful a version of an apps-based proposal ultimately will be adopted. After a flurry of lobbying by all affected parties as the sunshine period began last week, agency officials told us revisions to the order were in the works. All FCC Democratic members announced just before their meeting began at 10:30 a.m. Thursday they're working toward a resolution.

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It’s time for consumers to say goodbye to costly set-top boxes," said a statement from Chairman Tom Wheeler and Commissioners Mignon Clyburn and Jessica Rosenworcel. "It’s time for more ways to watch and more lower-cost options. That’s why we have been working to update our policies under Section 629 of the Communications Act in order to foster a competitive market for these devices. We have made tremendous progress -- and we share the goal of creating a more innovative and inexpensive market for these consumer devices. We are still working to resolve the remaining technical and legal issues and we are committed to unlocking the set-top box for consumers across this country.”

Though he said it's disappointing that the item wasn't voted on Thursday, Public Knowledge Senior Vice President Harold Feld said he's encouraged that the three Democratic commissioners issued a statement pledging to move forward with the item. A cable attorney who opposed the set-top item said the item's withdrawal likely means Wheeler's office was unable to satisfy the programmers and Rosenworcel in the lead-up to the meeting. Rosenworcel is "a very technically oriented commissioner " who won't vote an item that isn't ready, Feld said.

"The item remains on circulation and the sunshine period prohibition" remains "in effect until further notice," said a meeting agenda update.

NCTA is "pleased that the FCC has chosen to delay consideration of its set-top box item, and hope that additional time will lead to meaningful public review and comment on any newly-crafted proposal under consideration," it said. The American Cable Association didn't comment.

"This appears to be a short-term delay," said John Bergmayer, senior counsel at Public Knowledge, in a news release. "We will continue to push the FCC to act as soon as possible to end the set-top box ripoff."