The FCC has taken an important step in its ongoing review of the ATSC 3.0 television standard, and this time, encryption—or DRM—has taken center stage. After months of advocacy, travel to Washington, and countless public comments, the agency has released a draft of proposed rulemaking that directly addresses many of the issues consumers have been raising.
In my latest video, we dive into the FCC’s proposal and talk about next steps.
The most immediate change in the document would eliminate the ATSC 1.0 simulcast requirement. Broadcasters using the new ATSC 3.0 system have been required to continue broadcasting the same programming on the older ATSC 1.0 standard to ensure that no viewers lose access. If this rule change is approved, stations could transition to the new format without maintaining a 1.0 signal, effectively speeding up the shift to next-generation TV. The FCC is also considering allowing MPEG-4 encoding on 1.0 channels to make more efficient use of spectrum, something that could benefit both broadcasters and viewers with modern televisions.
But the biggest topic is DRM and how it’s currently being managed. The FCC is asking for public comment on whether the commission should establish rules governing encryption of free, over-the-air broadcasts rather than leaving control to the A3SA, the private industry group currently setting those standards. The Commission expressed concern about how that system operates and whether it aligns with the Communications Act of 1934’s definition of broadcasting. They’re also examining whether DRM is creating unfair competition or restricting which devices can receive signals—an issue that has limited tuner availability and compatibility with platforms like Roku and Apple devices.
The filing also shows that consumer feedback has made an impact. Thousands of viewer comments have been cited throughout the document, and both Tyler the Antenna Man and I were mentioned multiple times. The FCC clearly took note of the frustration from early adopters who bought new tuners only to find themselves locked out by encryption controlled by a private organization. The agency even raised questions about fair use and whether DRM could undermine consumers’ rights to make in-home recordings—something the broadcast flag controversy of the ATSC 1.0 era had already tested in court two decades ago.
As the FCC prepares to vote on these proposals at the end of the month, it’s clear they’re not ready to sign off on encryption as it currently exists. The upcoming vote will likely remove the simulcasting rule, open another round of public comments, and extend the process into next year. That gives consumers and advocates another opportunity to weigh in. My hope is that the Commission will consider a real-world test by suspending DRM to see how the market responds. If encryption has been holding back tuner adoption and consumer interest, that experiment could prove it.
So we will likely need to keep submitting comments and addressing the questions the FCC is asking that relate to our own personal experiences. Tyler the Antennaman and I also suggest attaching selfies of “encryption error” screens that block free TV could help put faces to the issue. The FCC’s draft shows that public voices are being heard, and continuing to speak up might be what ensures free, open access to the airwaves remains part of the country’s broadcasting future.