Resolution Opposing Government Efforts to Impose a Set-Top Box Mandate and Undermine the Video Ecosystem Exposed

The Resolution Opposing Government Efforts to Impose a Set-Top Box Mandate and Undermine the Video Ecosystem was adopted by ALEC's Communications and Technology Task Force and approved by the ALEC Board of Directors at the Spring Task Force Summit on May 6, 2016. (Accessed October 27, 2016).

ALEC Bill Text

Summary

Consumers are benefiting from an explosion of video content and from ways to consume content. The Federal Communications Commission has issued a Notice of Proposed Rule Making that would require Multichannel Video Programming Distributors (MVPDs), among other things, to transmit the content without compensation the third parties. This Resolution recognizes the video ecosystem is well-functioning, recognizes the importance of consumer privacy, and opposes government mandates.

WHEREAS, consumers are benefiting from an explosion of video content and ways to consume that content as never before; and,

WHEREAS, the current video environment and ecosystem are often referred to as The Golden Age of Television; and,

WHEREAS, Multichannel Video Programming Distributors (MVPDs) distribute content in a variety of ways, including traditionally, the use of a set-top box that provides a host of security and regulatory features, and to an ever increasing degree through an app based environment; and,

WHEREAS, there have been over 56 million MVPD app downloads to iOS and Android devices, and MVPD apps are now available on more than 460 million retail devices – more than twice the number of set-top boxes currently in use; and,

WHEREAS, apps allow mobility content availability as never before; and,

WHEREAS, the current video ecosystem, both with respect to set-top box and app based content delivery, incorporates numerous licensing, regulatory and copyright rights, obligations and restrictions; and,

WHEREAS, the current video ecosystem benefits rights holders and content creators including independent and diverse programmers since MVPDs must negotiate for the right to distribute content and compensate the rights holders; and,

WHEREAS, the current video ecosystem protects the privacy of users; and,

WHEREAS, the FCC recently issued a Notice of Proposed Rulemaking that would require MVPDs to, among other requirements, transmit the information streams without compensation to third party devices in an effort to “create a competitive set-top box market”; and,

WHEREAS, the FCC’s new set-top box mandate would impose new costs that would likely be borne by consumers if MVPDs are required to re-architect their networks and consumers are required to use a second device; and,

WHEREAS, many content creators say the FCC new set-top box mandate would undermine the current copyright and licensing regimes and the rights of content creators; and,

WHEREAS, the FCC’s new set-top box mandate could undermine consumer privacy as Title VI privacy protections would not apply to third parties and third party devices; and,

WHEREAS, the FCC’s new set-top box mandate would create new opportunities for piracy and theft of content if the security protections built into today’s devices and apps are not mandated by new third-party devices; and,

WHEREAS, over 150 members of Congress from both sides of the aisle have written to the FCC opposing the set-top box mandate;

NOW, THEREFORE LET IT BE RESOLVED, that the American Legislative Exchange Council recognizes the well-functioning video ecosystem; and,

BE IT FURTHER RESOLVED, that the American Legislative Exchange Council recognizes the importance of the existing copyright and licensing regimes, the protection of consumer privacy and opposes government mandates; and,

BE IT FURTHER RESOLVED, that this resolution be forwarded to Members of Congress, the Administration, and the Federal Communications Commission in opposition to its proposed set-top box mandate rules.