The final arguments regarding the encryption of over-the-air television have been filed with the FCC, and now it’s in the Commission’s hands. In my latest ATSC 3.0 analysis video, we take a look at how broadcasters responded to encryption concerns.
After reviewing hundreds of pages of documents, it appears the industry’s rebuttal to consumer concerns relies heavily on dismissing documented technical failures as mere anecdotes while asserting that encryption is necessary for the future of broadcast media.
The National Association of Broadcasters (NAB) has characterized reports of DRM failure—such as devices refusing to tune channels—as “early deployment friction” that does not justify stalling a national transition. They argue that individual complaints do not reflect systemic flaws. Yet, this stance contradicts the experience of users who have found that encryption often breaks the basic functionality of a television.
For instance, the A3SA, the body managing the encryption keys, argues that software-based devices require internet-based updates for bug fixes. This requirement introduces a significant dependency on internet connectivity for a medium that is marketed as being free and accessible over the air.
I recently demonstrated this vulnerability when an ADTH set-top box, which marketing materials claimed did not require an internet connection, failed to tune encrypted channels during a snowstorm. This inability to access weather information during an emergency challenges the industry’s assurance that content protection does not impede public safety messaging.
Beyond technical reliability, the industry posits that DRM is essential to combat piracy and secure content for sports broadcasting. The A3SA cited a media report claiming billions in losses due to piracy, yet the article in question focused on cable and streaming theft rather than the unauthorized capture of over-the-air signals.
Historically, DRM has been less about stopping piracy—which remains rampant despite encryption—and more about siloing users into specific hardware and software platforms. By making free over-the-air reception more difficult, broadcasters may be incentivizing consumers to stick with paid cable or streaming packages. Furthermore, claims that major sports leagues will withhold content without encryption are not supported by the current landscape, where broadcast contracts are being renewed for extended periods without such mandates being public.
There is also a significant question regarding the neutrality of the A3SA, which acts as the sole gatekeeper for approving tuning devices. While the organization claims to be neutral, it is comprised of major broadcast entities. This structure effectively allows the industry to pick winners and losers in the hardware market.
Manufacturers of popular gateway devices, such as Silicon Dust’s HDHomeRun, have been unable to secure certification under the current regime. The A3SA’s standards remain opaque and protected by non-disclosure agreements, preventing independent verification by even the FCC and effectively locking out devices that distribute signals across a home network to non-Android devices.
Ironically, while the industry argues that DRM protects consumers from the security risks of illicit streaming, the approved hardware itself presents security concerns. The ADTH box mentioned earlier was found to be running an Android security patch level from 2021, leaving it vulnerable to years of known exploits.
It seems unlikely the FCC will mandate a hard transition to ATSC 3.0 in the near term given the abysmal consumer adoption rates. The current ecosystem is too fragmented, and the cost and complexity of encryption have slowed adoption to a crawl.
And ultimately for consumers, they’re really not getting as much as they did during the prior transition. Back in the early 2000s TV viewers went from analog standard definition signals to digital high definition ones – a huge jump in visual fidelity. While ATSC 3.0’s HEVC video encoding is certainly noticeable for enthusiasts, I doubt most mainstream consumers will notice much of change.
I believe a probable outcome is a “frozen conflict” where the FCC ends the simulcast mandate, allowing stations to voluntarily switch to 3.0 if they choose, while potentially authorizing more efficient video codecs like MPEG-4 for the existing ATSC 1.0 standard.
This would allow the legacy standard to improve and remain viable, effectively leaving ATSC 3.0 to succeed or fail on its own merits without a government mandate forcing consumers to upgrade. We may end up with a better-looking version of the television service we already have, while the next-generation standard struggles to find its footing.