The transition from the current over-the-air television standard to NextGenTV, or ATSC 3.0, continues to generate significant debate, particularly regarding the decision by many broadcasters to encrypt their signals.
In my latest video, I take a look at the filings from organizations and individuals opposing the implementation of Digital Rights Management (DRM) on the public airwaves.
This issue moved from theoretical to practical for me recently during the Super Bowl. I was unable to tune into the game over the air because my local NBC affiliate had encrypted their channel, and the legacy ATSC 1.0 signal was unreliable at my location, forcing me to stream the event instead.
I submitted my own filing to the FCC docket, effectively mirroring the arguments I raised in my prior video on this topic regarding the industry’s justification for encryption. To circumvent file size limitations on the docket, I attached a PowerPoint presentation with embedded video evidence, a method that allows for the submission of multimedia documentation under the 100-megabyte limit. This approach is useful for anyone wishing to demonstrate the real-world impact of these restrictions, such as devices failing to decrypt channels they are theoretically certified to receive.
One of the most comprehensive filings came from Public Knowledge, a consumer advocacy group. They commended the FCC for scrutinizing the issue but raised substantial concerns about the A3SA, the authority managing the encryption program. Public Knowledge argued that the A3SA operates without meaningful external oversight, maintaining confidential licensing terms and opaque decision-making processes. They contend this entity acts as a private gatekeeper to the public airwaves without accountability to consumers or public interest stakeholders.
Public Knowledge also highlighted the potential for consumer confusion arising from the current certification regime. There are now two distinct logos for consumers to navigate: the NextGenTV logo and the A3SA logo. A device might carry the NextGen TV certification, like the HDHomeRun gateway I use, yet lack the ability to decrypt content. Conversely, a device like the Zapperbox may have A3SA certification for decryption but lack the NextGenTV designation. During a recent visit to a major electronics retailer, I observed that neither logo was displayed on television sets that support the new standard, suggesting that this certification system has yet to effectively reach the consumer marketplace.
Furthermore, Public Knowledge drew a parallel between the current situation and the “broadcast flag” rule from the previous digital transition. They argued that the A3SA certification requirements essentially function as a new, more sophisticated broadcast flag, allowing broadcasters to dictate which devices can receive programming and potentially restricting recording capabilities. They also reminded the Commission that the FCC’s 2017 order to begin the ATSC 3.0 transition emphasized that encrypted programming should not require special equipment supplied by the broadcaster, a standard the current regime may be failing to meet.
Opposition also came from within the broadcast industry itself. Weigel Broadcasting, which operates stations reaching a vast majority of US households, filed comments expressing concern over the direction taken by larger broadcasting consortiums. Weigel presented evidence suggesting that some competitors view the new standard primarily as a vehicle for monetization, such as integrating gambling platforms or treating the spectrum as a financial asset rather than a public service. They acknowledged that the current implementation of DRM has created adoption hurdles and suggested that if encryption must exist, it should not require a persistent internet connection—a requirement that has already caused functionality issues with some commercially available tuners as noted in my prior video.
The Consumer Technology Association (CTA), which represents device manufacturers, also weighed in. While their filing focused largely on opposing a mandate for ATSC 3.0 tuners in all televisions, they acknowledged the friction caused by DRM. This is a complex position for the CTA, as the encryption technology being used is owned by Google, a major industry player and CTA member, yet the implementation is harming member companies like SiliconDust (also a member). Their filing recommends that the Commission continue to monitor the intersection of DRM and the new standard, a notable admission from an organization that typically advocates against government intervention in their industry.
Similarly, the NCTA, representing cable and internet providers, cited encryption as a complicating factor that adds cost and technical challenges to the transition. They argued that these complexities support their stance against a forced transition to the new standard, noting that the need to support new audio and interactive formats is already a heavy burden without the additional layer of decryption requirements.
For those who have experienced issues with encrypted channels or malfunctioning hardware, the opportunity to place these experiences on the record is closing. The reply deadline for this docket is February 18. Under FCC rules, new filings at this stage must be in direct response to arguments already present in the record. This provides a narrow window for consumers to submit evidence countering the claims made by broadcasters, such as documenting instances where “offline” DRM failed to function as advertised. The record is currently being shaped by these final arguments, and the volume and specificity of these replies may influence the Commission’s next steps.
You can get more information about how to file here. I also did a video on the topic here.





