There seems to be little momentum now at the FCC for an AllVid rulemaking proposing how consumer electronics can connect to multichannel video programming distributors and get online content without using CableCARDs, agency officials said Friday. The day before, a 10-page letter from CE companies, groups and nonprofits that have been seeking the rulemaking was posted to docket 10-91. It remains to be seen whether the letter and lobbying of the commission by AllVid advocates will lead to the rulemaking being circulated soon, and it very well may not, some commission officials watching the proceeding said.
There seems to be little momentum for now at the FCC for an AllVid rulemaking proposing how CE gear can receive multichannel video programming distributor content without using CableCARDs, agency officials said Friday. The day before, a 10-page letter from CE companies, groups and nonprofits that have been seeking the rulemaking was posted to docket 10-91. It remains to be seen whether the letter and lobbying of the commission by AllVid advocates will lead to the rulemaking being circulated, and it very well may not, some commission officials watching the proceeding said.
The following are the trade-related hearings scheduled for June 6-9, 2011:
The FCC should consider developing a process to deal with complaints relating to video device accessibility, “even if it decided not to pursue any of the AllVid proposals,” Public Knowledge said in a filing posted Friday to docket 10-91. It recounted meetings where retransmission consent deals and online video distributors also were discussed with aides to all FCC members other than Chairman Julius Genachowski. The Media Bureau has effectively paused the AllVid proceeding that had sought to propose rules for all pay-TV providers to connect to video devices sold by retailers, without using CableCARDs (CED June 23 p7) . The process Public Knowledge seeks would let any manufacturer, developer or consumer alleging a multichannel video programming distributor (MVPD) violated Section 629 of the Telecom Act complain to the commission, Legal Director Harold Feld told us. “For example, when Zoom filed their complaint against Comcast last year that Comcast was discriminating against them in violation of Section 629, they needed to rely on the FCC’s general complaint regulations and did not have a clear process for filing their complaint. We think that if the commission plans to rely on ’the market’ to move forward, there must be some way to protect would-be providers of services -- as well as consumers -- from unfair and anticompetitive practices explicitly prohibited by the statute.” Cable modem maker Zoom and Comcast settled their dispute over Zoom’s ability to test its products to work on the cable operator’s broadband network, and the complaint was dismissed at both sides’ request in March. It’s not necessary for the commission to collect “comprehensive pricing data” on the market for deals between TV stations and multichannel video programming distributors (MVPD), as the group and others have said could help the commission on the retrans rulemaking, Public Knowledge’s filing said. Even lacking such data, the commission can set up “boundaries and requirements” for those who don’t negotiate carriage deals in good faith, the nonprofit said. The FCC’s MVPD competition report is a “great opportunity” for the regulator to “broaden the scope of what is considered an MVPD,” the nonprofit said. Online video distributors should be able to choose whether they want to be classified as an MVPD, it said. The group acknowledged that will “involve components outside of the FCC’s jurisdiction, such as copyright,” and asked the commission to work with the Copyright Office “to facilitate consistent, uniform” rules.
The FCC should consider developing a process to deal with complaints relating to video device accessibility, “even if it decided not to pursue any of the AllVid proposals,” Public Knowledge said in a filing posted Friday to docket 10-91. It recounted meetings where retransmission consent deals and online video distributors also were discussed with aides to all FCC members other than Chairman Julius Genachowski. The Media Bureau has effectively paused the AllVid proceeding that had sought to propose rules for all pay-TV providers to connect to video devices sold by retailers, without using CableCARDs (CD June 23 p6). The process Public Knowledge seeks would let any manufacturer, developer or consumer alleging a multichannel video programming distributor (MVPD) violated Section 629 of the Telecom Act complain to the commission, Legal Director Harold Feld told us. “For example, when Zoom filed their complaint against Comcast last year that Comcast was discriminating against them in violation of Section 629, they needed to rely on the FCC’s general complaint regulations and did not have a clear process for filing their complaint. We think that if the commission plans to rely on ’the market’ to move forward, there must be some way to protect would-be providers of services -- as well as consumers -- from unfair and anticompetitive practices explicitly prohibited by the statute.” Cable modem maker Zoom and Comcast settled their dispute over Zoom’s ability to test its products to work on the cable operator’s broadband network, and the complaint was dismissed at both sides’ request in March. It’s not necessary for the commission to collect “comprehensive pricing data” on the market for deals between TV stations and multichannel video programming distributors (MVPD), as the group and others have said could help the commission on the retrans rulemaking (CD June 29 p7), Public Knowledge’s filing said (http://xrl.us/bky4ny). Even lacking such data, the commission can set up “boundaries and requirements” for those who don’t negotiate carriage deals in good faith, the nonprofit said. The FCC’s MVPD competition report is a “great opportunity” for the regulator to “broaden the scope of what is considered an MVPD,” the nonprofit said. Online video distributors should be able to choose whether they want to be classified as an MVPD, it said. The group acknowledged that will “involve components outside of the FCC’s jurisdiction, such as copyright,” and asked the commission to work with the Copyright Office “to facilitate consistent, uniform” rules.
The FCC should consider developing a process to deal with complaints relating to video device accessibility, “even if it decided not to pursue any of the AllVid proposals,” Public Knowledge said in a filing posted Friday to docket 10-91. It recounted meetings where retransmission consent deals and online video distributors also were discussed with aides to all FCC members other than Chairman Julius Genachowski. The Media Bureau has effectively paused the AllVid proceeding that had sought to propose rules for all pay-TV providers to connect to video devices sold by retailers, without using CableCARDs (WID June 23 p4). The process Public Knowledge seeks would let any manufacturer, developer or consumer alleging a multichannel video programming distributor (MVPD) violated Section 629 of the Telecom Act complain to the commission, Legal Director Harold Feld told us. “For example, when Zoom filed their complaint against Comcast last year that Comcast was discriminating against them in violation of Section 629, they needed to rely on the FCC’s general complaint regulations and did not have a clear process for filing their complaint. We think that if the commission plans to rely on ’the market’ to move forward, there must be some way to protect would-be providers of services -- as well as consumers -- from unfair and anticompetitive practices explicitly prohibited by the statute.” Cable modem maker Zoom and Comcast settled their dispute over Zoom’s ability to test its products to work on the cable operator’s broadband network, and the complaint was dismissed at both sides’ request in March. The FCC’s MVPD competition report is a “great opportunity” for the regulator to “broaden the scope of what is considered an MVPD,” the nonprofit said. Online video distributors should be able to choose whether they want to be classified as an MVPD, it said. The group acknowledged that will “involve components outside of the FCC’s jurisdiction, such as copyright,” and asked the commission to work with the Copyright Office “to facilitate consistent, uniform” rules.
The FCC’s pending cramming notice of proposed rulemaking is couched as a wireline order, but also has a major focus on wireless, said agency officials who have seen the item and industry officials who have been told some of the details. Some proponents of bill shock rules worry that the wireless parts of the cramming order could be the replacement for proposed bill shock rules. When Chairman Julius Genachowski said he'd circulate a cramming NPRM last month (CD June 21 p6), he also indicated that final bill shock rules were on their way.
Pay-TV providers have taken “inconsistent positions” on retransmission consent, where some seek standstills when talks break down as contracts end, and on program carriage where some multichannel video programming providers seek to prevent the pauses, two nonprofits said. The FCC should “dismiss their arguments against a standstill in the program carriage context,” representatives from the Media Access Project and Public Knowledge said, a filing posted Monday in docket 07-42 recounted. “The fear of retaliation is very real for many independent programmers, some of whom fear coming to the Commission” to complain that cable operators favored affiliated channels over independent networks seeking carriage, the filing said. It reported on meetings with aides to Commissioners Mignon Clyburn and Robert McDowell, though Public Knowledge only attended the first gathering. HDNet and the Tennis Channel also were represented at the gatherings as foes and proponents of extra program carriage rules lobby the FCC before an order and rulemaking on the subject are released (CD June 24 p13).
Forthcoming cable products don’t undercut the need for AllVid rules so that all subscription-video providers will use open standards to connect TV sets to CE gear, backers of such regulation said. The AllVid Tech Company Alliance, representing major device manufacturers and retailers, last week renewed its lobbying for the FCC to propose rules. The commission’s proceeding has been effectively paused. Chairman Julius Genachowski and Media Bureau Chief Bill Lake hope to see multichannel video programming providers and CE companies reach more deals for various devices to receive Internet and cable content without CableCARDs, such as those unveiled at the Cable Show earlier this month (CED June 23 p7).
Forthcoming products don’t undercut the need for AllVid rules so that all subscription-video providers will use open standards to connect TV sets to consumer electronics, backers of such regulation said. The AllVid Tech Company Alliance, representing major device manufacturers and retailers, last week renewed its lobbying for the FCC to propose rules. The commission’s proceeding has been effectively paused. Chairman Julius Genachowski and Media Bureau Chief Bill Lake hope to see multichannel video programming providers and CE companies reach more deals for various devices to receive Internet and cable content without CableCARDs, such as those unveiled at the Cable Show earlier this month (WID June 23 p4).