FCC Moving Fast on Set-top Box Plans
A recent spate of FCC-initiated meetings with stakeholders in its set-top box proceeding may indicate the commission is moving quickly toward releasing an order, industry officials both for and against the proposed rule said in interviews. The FCC-requested meetings are happening with reply comments in the proceeding still not due for nearly two weeks, unusual timing that likely indicates the agency intends to release an order soon after the record is complete, many communications industry officials told us. Pay-TV officials expect an order on the set-top proposal could be released as soon as the FCC's August meeting.
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Agency staff is under pressure to release a workable proposal soon, and the recent meetings are part of the effort to solve some of the problems raised by critics of the proposal, a content company executive told us. A group of programmers met with aides in Chairman Tom Wheeler's office Thursday, the executive told us. Most criticisms from programmers such as Disney and MPAA have dealt with copyright issues connected with the FCC proposal. “It isn't unusual for staff to request parties to come in to discuss their comments,” an FCC spokeswoman told us. “Many of the meetings are a continuation of discussions staff began with parties before the NPRM was adopted.”
In the past week, officials from the Computer & Communications Industry Association, Public Knowledge (see 1605100065), NCTA and content companies like CBS, Disney and Time Warner have met with FCC staff at the agency's request, several industry officials noted. Ex parte records show recent meetings with Comcast, Dish Network and Verimatrix.
Another sign the FCC is moving fast on the set-top order is contained in the announcement of extended comment deadlines the agency issued in March, several industry opponents of the commission proposal said. In that public notice, the Media Bureau set aside four days in June for ex parte meetings on the set-top proceeding. “Given the interest in this proceeding, we have determined that it would be efficient for Commission staff to set aside a specific period for ex parte meetings,” the PN said. That scheduling is seen as an attempt by the bureau to consolidate and speed up the ex parte process, and is an indication an order likely will be drafted soon after, a pay-TV official said.
Though some opponents of the FCC proposal suggested the agency's pace on the item indicates the commission already is drafting an order while the record is incomplete, other industry officials said the timing is a function of the rapidly approaching election. Wheeler has said the set-top item will be released this year, and the commission needs to move fast to accomplish that in the months before the White House changes hands, an Incompas spokesperson told us. That short time frame is a reason for meetings to occur before replies come in, the FCC spokeswoman pointed out. “Chairman Wheeler said he'd like to propose rules before the end of the year, so parties are probably looking to provide input early in the process.” The White House's public announcement of support (see 1604150076) for the set-top plan likely also added time pressure to the matter, several industry officials told us.
Whatever the timing of the set-top order, officials on both sides of the item have told us they expect swift legal action from opponents of the order once it's issued. They said a court is likely to decide the final fate of the proposed rule changes.