OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
April 19, 2016
The Honorable Pedro R. Pierluisi
U.S. House of Representatives
2410 Raybum House Office Building
Washington, D.C. 20515
Dear Congressman Pierluisi:
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 prograniming 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 progranmiing. 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 Pedro R. Pierluisi
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
prograimning 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 Pedro R. Pierluisi
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 arid 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 Charles B. Rangel
U.S. House of Representatives
2354 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Rangel:
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 soffivare 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 progranmiing 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 Charles B. Rangel
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 Charles B. Rangel
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 Kathleen Rice
U.S. House of Representatives
1508 Longworth House Office Building
Washington, D.C. 20515
Dear Congresswoman Rice:
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 Kathleen Rice
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 Dowaloadable 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 Kathleen Rice
The issue before the Commission is how to satisfi 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 Raul Ruiz
U.S. House of Representatives
1319 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Ruiz:
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 Raul Ruiz
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 Raul Ruiz
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 Loretta Sanchez
U.S. House of Representatives
1211 Longworth House Office Building
Washington, D.C. 20515
Dear Congresswoman Sanchez:
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 Loretta Sanchez
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 Loretta Sanchez
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 Kurt Schrader
U.S. House of Representatives
2431 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Schrader:
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 prograniming 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 progranmiing. 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 Kurt Schrader
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 conmient 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 prograniming, 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 subscribe? s viewing habits, without the subscribe?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 Kurt Schrader
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 Kyrsten Sinema
U.S. House of Representatives
1530 Longworth House Office Building
Washington, D.C. 20515
Dear Congresswoman Sinema:
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 progranmiing. 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 Kyrsten Sinema
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 arid 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 certifSr 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 Kyrsten Sinema
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 Albio Sires
U.S. House of Representatives
2342 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Sires:
Thank you for your letter regarding the recent Notice of Proposed Rul
e Making (NPRM)
seeking comment on how to better foster competition in the set-top bo
x marketplace and Section
629 of the Communications Act. Your views are very important and w
ill be considered as part
of the Commission's review.
I share your admiration for today's television landscape. There is an a
bundance of rich
content and new technology. As you point out, technology is paving t
he way for software and
apps to help consumers. Consumers deserve a variety of choices to vi
ew the programming they
want, when they want and on the device they want. More choices ofte
n drive down consumer
costs and drive up innovation.
At the February 1 8th Commission meeting, we adopted a NPRM to fu
lfill 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 su
bmit specific
recommendations for solutions or adjustments into the record.
The new proposed rules would create a framework for providing devic
e manufacturers,
software developers and others the information they need to introduce
 innovative new
technologies. This new framework would make it easier for independ
ent and minority-owned
progran-imers 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 cons
umers to purchase new
boxes.
I also share your goal of ensuring this proposal benefits independent a
nd minority
programming. The proposal would facilitate competition in interfaces
, search functions, and
integration of programming sources, all of which would provide custo
mers with a greater ability
to access independent and minority programming. Our goal is to main
tain the opportunity for
those independent programmers who already have carriage on pay-TV
 system and provide
additional opportunities for those independent programmers who curr
ently cannot reach
consumers of pay-TV providers because they are locked out of the sys
tem.
Page 2-The Honorable Albio Sires
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 certif 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 Albio Sires
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 Dma Titus
U.S. House of Representatives
401 Cannon House Office Building
Washington, D.C. 20515
Dear Congresswoman Titus:
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 Dma Titus
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 certif 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 Dma Titus
The issue before the Commission is how to satis1 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 Norma J. Tones
U.S. House of Representatives
516 Cannon House Office Building
Washington, D.C. 20515
Dear Congresswoman Tones:
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 Norma J. Torres
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 arid 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 Connnittee, 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 Norma J. Tones
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 Juan C. Vargas
U.S. House of Representatives
1605 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Vargas:
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 mles 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 Juan C. Vargas
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 Juan C. Vargas
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 Conimission'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 Filemon Vela
U.S. House of Representatives
437 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Vela:
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 Conmiission 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 Filemon Vela
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
industiy-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 Filemon Vela
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