STATEMENT OF 
COMMISSIONER ROBERT M. McDOWELL
APPROVING IN PART, CONCURRING IN PART
Re:  Basic Service Tier Encryption, MB Docket No. 11-169
At long last, we provide cable operators with the freedom to encrypt their basic service 
tier offering.  Encryption will allow cable operators to activate and deactivate cable service 
remotely to better serve their customers.  This newly-allowed ability will also prevent theft of 
service while evening the regulatory playing field with satellite providers that have not been 
subject to this rule.    
On the other hand, there are some aspects of this order that, as a matter of good 
government, should have been handled differently.  First, the Commission could have decided 
this matter more expeditiously.  Needless delay of the relief we provide today has frustrated the 
private sector’s ability to meet consumer demand.  Going forward, it is my hope that the 
Commission will work with greater alacrity when pursuing the noble goal of providing greater 
flexibility to the private sector.  
Second, in light of the flexibility we grant today, the six largest cable providers have 
committed to ensure basic service tier access to third-party IP-enabled devices.  These 
commitments are preconditions to encryption for these entities.  I am pleased that these IP-
enabled device protections will sunset in three years; however, the Commission today also 
delegates to the Media Bureau authority to extend these protections should the bureau decide 
they are necessary to protect consumers.  I would prefer that the Commission, rather than the 
bureau, make this call.  I am concerned that delegating this authority to the bureau may invite 
further unnecessary delay.
Additionally, an ordering clause states that, if any of the Order’s rule changes are 
invalidated, the remaining provisions will not be effective.  I have concerns regarding the 
possible inconvenience and confusion that would be experienced by both consumers and cable 
operators if any portion of this order happens to be overturned by a court after cable operators 
have taken the necessary steps to encrypt service.  
Despite these concerns and others, I vote to approve in part and concur in part to today’s 
order.  Furthermore, I thank the Chairman, my colleagues and our fine team in the Media Bureau 
for their conscientious work on this matter.