I’ve been keeping a close eye on the ATSC 3.0 NextGen TV transition, and with the public comment period now closed, we’re into the reply phase. Many of you submitted comments sharing your experiences with DRM making it harder to watch local TV, and it was encouraging to see so many voices represented. Industry participation was a bit more muted—except for Sinclair Broadcasting. They were anything but quiet.
Sinclair, which owns numerous TV stations nationwide, filed a lengthy comment just before the deadline, and they went all in on DRM. While most other broadcasters and industry players sidestepped the issue, likely to keep the focus on finalizing the transition date, Sinclair declared in their filing that those of us concerned about DRM are manufacturing outrage. Specifically, they urged the FCC not to be “swayed by a paroxysm of astroturf concern generated by vloggers…hostile to the concept of intellectual property.”
I did into Sinclair’s filing and offer my comments on it in my latest ATSC 3 commentary video.
Sinclair also pinned the blame on TV and tuner manufacturers, claiming they created compliance problems. But if you look at the SiliconDust HDHomeRun, which remains the top-selling ATSC 3.0 tuner on Amazon (compensated affiliate link), that argument starts to fall apart. It’s fully certified, carries the NextGen TV logo, and paid to become an “adopter” of the A3SA DRM standard. Yet their product still can’t access encrypted broadcasts, likely because devices that act as gateways—letting viewers stream TV across multiple platforms—just aren’t what the industry wants in the DRM era.
Sinclair also argues that services like Netflix use DRM, so broadcasters should be able to as well. But Netflix supports multiple standards—PlayReady, Widevine, FairPlay—so it works on nearly any device. They’ve gone out of their way to make watching legally more convenient than pirating. In contrast, broadcasters have offered buggy, outdated Android boxes with questionable security and limited support. I’ve tested a few myself, like the Zinwell and GT Media boxes, and both shipped with Android TV builds that hadn’t received a security patch in four years.
Consumers have spoken with their wallets. The HDHomeRun ATSC 3 gateway tuner is the best selling ATSC 3 device on Amazon by a wide margin. The Zinwell tuner, which the industry seems to prefer, was once $99 and now costs $129. It barely moves off the shelves. There’s no mystery here—people want reliable, flexible options that respect how they’ve been watching TV for decades.
On the question of intellectual property, Sinclair’s record complicates their position. In one case, they were sued for taking a photographer’s images from Facebook and Instagram and using them for profit without permission. They tried to argue that the photographer shouldn’t have posted the photos if he didn’t want them reused—an argument a judge rejected. That’s a hard position to reconcile with a company now portraying itself as a defender of copyright.
There’s also precedent around fair use in the home. The Supreme Court ruled in favor of home recording in the 1984 Sony Betamax case, and the broadcast flag regulation was struck down in 2005 when the FCC overstepped its authority. Broadcasters are now leaning on the DMCA, which makes it illegal to bypass encryption, even for legal uses like time-shifting a recording. They’re hoping this legal path will succeed where the broadcast flag failed.
Sinclair’s regulatory history doesn’t help their case. They paid a $48 million civil penalty—the largest in FCC history—for failing to disclose facts during a proposed merger and for allegedly negotiating retransmission deals in bad faith. They were also accused of running undisclosed sponsored content. Yet they argue that others are the problem and that fewer regulations should apply to them while they enjoy all the benefits of broadcast distribution.
Near the end of their filing, Sinclair suggested broadcasters should only be required to offer one free over-the-air signal and be allowed to charge for everything else. That’s the real heart of the DRM debate. It’s not just about encryption—it’s about carving out a new subscription business model using public spectrum.
In all of their cries for deregulation, the only regulation they suggest keeping in place is one that doesn’t apply to them but to TV manufacturers. They offered no objection to the NAB’s controversial request that all TV makers switch to installing more expensive ATSC 3 tuners now ahead of the transition deadline.
There’s more to come. Several consumer advocacy groups recently filed a joint response to the FCC, and I’ll be digging into that next. I’m also drafting my own reply to Sinclair’s comments, which I’ll be sharing soon. If you’re still interested in weighing in, the reply phase is open, and you can respond to any comments on the docket.