OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Pete Aguilar
U.S. House of Representatives
1223 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Aguilar:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Pete Aguilar
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Pete Aguilar
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Brad Ashford
U.S. House of Representatives
107 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Ashford:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of prograniming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Brad Ashford
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices. . . cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
prograniming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Brad Ashford
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Conmiission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Tony Cárdenas
U.S. House of Representatives
1510 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Cárdenas:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8 Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Tony Cárdenas
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Tony Cárdenas
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Jim Costa
U.S. House of Representatives
13 14 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Costa:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Jim Costa
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.. .cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Jim Costa
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Henry Cuellar
U.S. House of Representatives
2209 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Cuellar:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 gth Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Henry Cuellar
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Henry Cuellar
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Eliot L. Engel
U.S. House of Representatives
2462 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Engel:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Eliot L. Engel
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.. .cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Eliot L. Engel
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Bill Foster
U.S. House of Representatives
1224 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Foster:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking conmient on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Bill Foster
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices. . . cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Bill Foster
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Ruben Gallego
U.S. House of Representatives
1218 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Gallego:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of progranmiing sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Ruben Gallego
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices. . . cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Ruben Gallego
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Luis V. Gutiérrez
U.S. House of Representatives
2408 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Gutiérrez:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Luis V. Gutiérrez
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Luis V. Gutiérrez
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Janice Hahn
U.S. House of Representatives
404 Cannon House Office Building
Washington, D.C. 20515
Dear Congresswoman Hahn:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Janice Hahn
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Janice Hahn
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Ron Kind
U.S. House of Representatives
1502 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Kind:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of prograniming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Ron Kind
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.. .cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downioadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Ron Kind
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN
April 19, 2016
The Honorable Ted Lieu
U.S. House of Representatives
415 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Lieu:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Ted Lieu
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Ted Lieu
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Grace F. Napolitano
U.S. House of Representatives
1610 Longworth House Office Building
Washington, D.C. 20515
Dear Congresswoman Napolitano:
Thank you for your letter regarding the recent Notice of Proposed Rule Making (NPRM)
seeking comment on how to better foster competition in the set-top box marketplace and Section
629 of the Communications Act. Your views are very important and will be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an abundance of rich
content and new technology. As you point out, technology is paving the way for software and
apps to help consumers. Consumers deserve a variety of choices to view the programming they
want, when they want and on the device they want. More choices often drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fulfill the statutory
requirement of competitive choice for consumers. Like all NPRMs, this action opens a fact-
finding dialog to build a record upon which to base any final decision. To the extent that parties
have concerns about any of the proposals in the NPRM they should submit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing device manufacturers,
software developers and others the information they need to introduce innovative new
technologies. This new framework would make it easier for independent and minority-owned
programmers to reach consumers while at the same time maintaining strong copyright, security,
and consumer privacy protections. Nothing in this proposal changes a company's ability to
package and price its programming to its subscribers, or requires consumers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent and minority
programming. The proposal would facilitate competition in interfaces, search functions, and
integration of programming sources, all of which would provide customers with a greater ability
to access independent and minority programming. Our goal is to maintain the opportunity for
those independent programmers who already have carriage on pay-TV system and provide
additional opportunities for those independent programmers who currently cannot reach
consumers of pay-TV providers because they are locked out of the system.
Page 2-The Honorable Grace F. Napolitano
You also express concerns that rules intended to achieve Section 629's mandate could
diminish the viewing experience and the economic underpinnings that support investment in
innovative content, particularly in independent and minority-owned programming. The
Commission's proposal preserves copyright protections and the NPRM seeks comment on
whether and how we should take further actions to address the concerns you raise. For instance,
the item asks numerous questions about how to protect the rights and negotiated agreements of
content owners. The item also specifically states that "our regulations must ensure that
Navigation Devices.., cannot technically disrupt, impede or impair the delivery of services to an
MVPD subscriber." In this vein, the NPRM asks a number of questions related to advertising
and copyright concerns raised by content owners, including independent and minority-owned
programming providers.
The Commission's proposal similarly ensures the security of content by looking to
industry-standard practices. Specifically, the proposal would require third party device and app
developers to meet "robustness" requirements, which dictate how resistant a device must be to
various forms of hacking, that are set by the content holders, pay-TV providers, and content
protections system makers themselves. In addition, the proposal would require third party
devices and apps to honor entitlement information, such as what content a subscriber is entitled
to (e.g., premium channels) and how the subscriber is entitled to use that content (e.g., by
recording it or watching it on a mobile device), established by the terms of the subscriber's pay-
TV subscription package. This content security proposal, which was informed by the
congressionally-mandated report drafted by the technical experts on Downloadable Security
Technology Advisory Committee, will ensure that all content, including independent and
minority programming, is sufficiently secure to prevent theft and misuse.
You also discuss the importance of privacy protections for consumers under the new
framework. Let me assure you that the proposal we adopted seeks to ensure that the privacy
protections that exist today will also apply to alternative navigation devices and applications.
Today, pay-TV providers abide by privacy obligations under Sections 631 and 338 of the
Communications Act. These privacy obligations, among other things, prohibit pay-TV providers
from disclosing to other companies personally identifiable information concerning any
subscriber, including data about a subscriber's viewing habits, without the subscriber's prior
written or electronic consent. The proposal tentatively concludes that third-party device
manufacturers must afford consumers the same level of protection. Specifically, the proposal
tentatively concludes that new device or app vendors must certify they are in compliance with
the same privacy obligations as pay-TV providers. The proposal asks a number of questions
about how best to enforce such a requirement. Additionally, the NPRM notes that today,
competitive navigation devices such as TiVo must comply with a host of state and federal
privacy protections that include various remedies for consumers. All of these protections and
remedies would continue to apply under the proposal in the NPRM.
Page 3-The Honorable Grace F. Napolitano
The issue before the Commission is how to satisfy Section 629 in a world of evolving
technology. I agree with you that any rules we adopt must reflect marketplace realities,
especially those faced by independent and minority-owned programmers. I assure you that is a
paramount concern as we consider how to meet the statutory obligation.
I believe the Commission's proposal will lead to innovation that will improve consumer
choice and help independent and minority-owned content providers better reach audiences. As
we develop a record and explore fulfilling the statutory mandate, I look forward to continuing to
work with you on this important consumer issue.
Tom Wheeler