The broadcast industry’s ongoing effort to encrypt the public airwaves is currently awaiting a decision from the Federal Communications Commission. In a recent ex-parte letter to the FCC, broadcasters cited the US Trade Representative’s 2025 Review of Notorious Markets for Counterfeiting and Piracy report to support their push for the ATSC 3.0 encryption standard. The report focuses heavily on live sports and the revenue lost to global piracy – but none of it indicates broadcast TV signals are being stolen.
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The report’s introduction references the NFL’s broadcasting agreements with networks like CBS, Fox, and NBC, which run through 2033. These contracts were signed without any provisions or assurances requiring future signal encryption, suggesting the league does not view over-the-air broadcasting as a primary piracy vulnerability.
The report provides three specific instances of piracy, including the FIFA World Cup, a mention of European soccer games being pirated and the 2017 Mayweather-McGregor fight. While the FIFA World Cup game was broadcast on television stations here in the USA, it is likely that it was pirated off of encrypted sources along with the other European soccer matches. And the Mayweather-McGregor fight was an encrypted Pay Per View event.
The government’s report cites data from Irdeto, a European company specializing in signal encryption for satellite and streaming providers. A review of their technical literature shows that modern piracy relies on methods like stealing session tokens, purchasing compromised account credentials on the dark web, or utilizing a technique known as CDN leeching.
These methods bypass the physical complexities of installing antennas to intercept local signals, demonstrating that for pirates encrypted content is easy to pirate than the unencrypted broadcast signals.
Furthermore, Irdeto’s guidance emphasizes the necessity of multi-DRM systems to ensure a frictionless viewing experience across different platforms. Currently, ATSC 3.0 DRM only supports Widevine, a Google technology. This single-DRM approach limits compatibility, leaving devices like Apple TV, Roku, Xbox, and standard computers unable to decode the encrypted broadcasts.
The push for encryption appears closely tied to the economics of broadcast retransmission fees. In Connecticut, for example, cable subscribers currently pay around $48.30 a month strictly for local channel access. Encrypting the over-the-air signals forces consumers to either maintain these cable subscriptions or purchase new, proprietary decoding hardware. Ahead of the upcoming NAB show, industry executives have discussed a proposed $60 tuner box. However, this device is expected to function solely as a tuner without DVR or gateway capabilities and cost three times as much as current tuning devices that do include DVR functions.
Broadcasters also point to the A3SA encoding rules, which currently permit time-shifting and recording. But these allowances apply only to content that is actively simulcast with the older ATSC 1.0 standard. Once the simulcast requirement expires, broadcasters provide are not committing to restricting or disabling recording capabilities entirely, shifting control of public airwave usage to a private entity.
The FCC is presently collecting public feedback on a separate but related sports broadcasting docket (26-45), which examines the impact of broadcasting practices on consumers and local market obligations. The comment period for this specific docket remains open for roughly another week, offering another venue for the public to submit their observations regarding how signal encryption may affect access to local sports broadcasts.