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Received & Inspected
July 8j 2015
The Honorable Tom Wheelerj Chairman
Federal Communications Commission
445 Twelfth Street, S.W.
Washingtonj D.C. 20554
Dear Chairman Wheelerj
As you know, nearly 20 years ago Section 629 of the Communications Act required the FCC
to establish rules ensuring consumers could buy cable set-top boxes from someone other than
their local cable company. This pro-competitive law paved the way for innovative companies
like TiVo and Hauppauge, and remains just as important today.
ln implementing Section 629jthe FCC established a CableCARD-based "integration ban,"
ensuring that companies selling set-top boxes or other navigation devices through retailers
have access to the security technology necessary to provide consumers with the same features
and functionality that are available through a cable operator's leased set-top box (otherwise
known as "common reliance."]
Last year, as part of the STELA Reauthorization Act of 2014ISTELAR)j Section 106 set in
motion a repeal of the integration ban and with it, the establishment of a stakeholder working
group aimed at finding a successor solution. While repeal of the integration ban was not my
preferred outcome, the carefully crafted compromise delayed repeal of the ban by one year and
preserved the obligation to promote the competitive availability of set-top boxes under
Section 629. -
lt is critical that the Commission not ignore its mandate under Section 106 of STELAR and
629 of the Communications Act. Downloadable security alone will not assure the
commercial availability of equipment used by.consumers to access multichannel video
programming because security is only one component of device compatibility. For a retail
device to be able to access programming, the device needs information such as the
programming it is receiving, how to select the programming it is receiving; and the format of
the programming it is receiving. This is conslstent with Section 106 which explicitly tasks the
working group with recommending a ((technology-and-platform-neutral software-based
downloadable security system designed to promote the competitive availability of navigation
devices in furtherance of section 629.11
708
The Commission must not lose sight of the mandate Congress established under Section 629
and that is to give consumers an alternative to having to rent a set-top box from their local
cable company everymonth. 1therefore encourage you to seek input on the entire system as
the statutory language directs; rather than just elements of downloadable security that do
not; on their own; further Section 629.
Thank you for your leadership and commitment to advancing greater competition; innovation;
and consumer choice in the set-top boxmarket.
Sincerely} a.d-~ t'1~GA ~ll\~~
~Shoo; Ranking Member
Subcommittee on Communications and Technology
Energy and Commerce Committee
cc: The Honorable Mignon Clyburn; Commissioner
The Honorable Jessica Rosenworcel, Commissioner
The Honorable Ajir Pail Commissioner
The Honorable Michael O'Ricllv, Commissioner