Major Unresolved Issues Stalled Set-Top Item, O'Rielly Says
The FCC set-top preceding was stalled by “major unresolved issues,” not just a lack of time, Commissioner Mike O'Rielly said in a blog post Tuesday, saying “deliberations presumably will continue in coming weeks.” The set-top item was pulled from Thursday's…
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commissioner-meeting agenda and is expected to take at least several weeks to be approved (see 1610030044). The set-top item is the perfect illustration of why the FCC should release the text of items to the public before they're voted, O'Rielly said. Proposals to replace commission oversight of licensing terms with monitoring and a later review period are still “highly objectionable,” O'Rielly said. “Beyond the Commission having no authority or expertise in this area, such interference could undo important protections enacted in those commercial agreements.” A provision in the draft item that would require multichannel video programming distributors to share entitlement and metadata information with third-party manufacturers to enable a universal search function “would allow an MVPD’s over-the-top competitor access to all the proprietary information needed to undercut the MVPD’s content pricing to consumers,” O'Rielly said. Since the rules would bind only MVPDs to share such data, it would discriminate in favor of over-the-top providers, O'Rielly said. The item shouldn't require pay-TV carriers to make apps for third-party platforms that require revenue sharing, and the FCC should create a safe harbor for “particular widely adopted and available consumer apps so that MVPDs can better manage their scarce software development and support resources,” O'Rielly said. The providers also shouldn't be required to provide apps to any third party that includes pirated content in search results, O'Rielly said. The FCC didn't comment.