Tag: ATSC 3

DRM and Your Rights: Interview with John Bergmayer from Public Knowledge

John Bergmayer, Legal Director at Public Knowledge, provided me some detailed insight into the ongoing FCC debate surrounding DRM (Digital Rights Management) and ATSC 3.0, also known as NextGen TV in a recent interview.

You can watch the full interview here.

Bergmayer’s organization, alongside the Electronic Frontier Foundation (EFF), Consumer Reports and other organizations, submitted a comprehensive FCC filing strongly opposing the DRM implementation proposal from the National Association of Broadcasters (NAB).

Public Knowledge, a Washington D.C.-based consumer rights advocacy group, champions balanced digital rights, net neutrality, intellectual property reform, and media policy reforms that benefit diversity of voices and consumer interests. Bergmayer, who has been with the organization for over 12 years, emphasized their proactive role: “We do interface with government directly and participate in regulatory proceedings like this one at the FCC.”

Despite engaging in working groups aimed at consensus-building for the future of television, Bergmayer identified substantial disagreements among stakeholders. He explained, “There was consensus on the sort of issues that don’t really matter all that much… but on fundamental questions about DRM and encryption issues, there was not a lot of agreement.” Bergmayer highlighted that within broadcaster groups, positions significantly diverged, citing smaller broadcasters like Weigel Broadcasting, who see limited benefits in transitioning to ATSC 3.0.

A central point of contention involves DRM implementation, which Bergmayer argued severely threatens fair use rights and consumer freedoms. He emphasized the inherent conflict: “DRM interferes with things that are legal… it prevents you from accessing the content to do things that are fair uses.” According to Bergmayer, DRM undermines established consumer rights, specifically referencing landmark fair use cases such as the Sony case, which secured the right to record and privately use broadcasted content at home.

Bergmayer pointed out the paradox created by DRM regulations, noting that the Digital Millennium Copyright Act (DMCA) makes circumventing DRM illegal, even if the underlying action, such as recording television programs for personal use, is legally protected fair use. He explained that this contradiction effectively criminalizing legitimate first amendment activities.

The chilling effect of DRM was another significant concern raised by Bergmayer. He indicated that DRM requirements could severely limit innovation and device availability. Specifically, he mentioned popular devices like the HDHomeRun, which significantly outsell DRM-compatible devices precisely because of their flexibility and consumer-friendly nature.

Bergmayer also underscored the unique obligations of broadcasters, emphasizing their responsibilities given their free access to valuable public spectrum. “Free public airwaves should not be turned into a private playground for these companies,” Bergmayer said.

Regarding consumer engagement, Bergmayer praised the active participation of thousands of individual commenters in the FCC docket, noting its unusual depth for such technical issues: “It’s really impressive that there’s people out there who are willing to spend the time to make their voice heard.”

Looking forward, Bergmayer predicted inevitable legal challenges regardless of the FCC’s decision, referencing previous influential cases like the Broadcast Flag litigation, which Public Knowledge successfully led. He believes further court battles are likely due to persistent conflicts between DRM implementation and established individual rights.

Bergmayer strongly encouraged continued public awareness and advocacy as the FCC is obligated to process and acknowledge consumer feedback in making its decisions.

I will have more on this topic as news develops!

Public Knowledge, The EFF, Consumer Reports and Other Organizations Oppose DRM in a New FCC Filing

A major filing was submitted just before the ATSC 3.0 public comment deadline by a coalition including Public Knowledge, the Electronic Frontier Foundation, Consumer Reports, and several other organizations. Their message to the FCC is clear: DRM has no place in public broadcast spectrum. You can read the document here and watch my analysis piece here.

Their argument centers around the idea that mandatory encryption under ATSC 3.0 fundamentally conflicts with the legal and constitutional frameworks that have long governed broadcast TV.

One case they point to is American Library Association v. FCC, where a rule that would have forced devices to honor a broadcast flag was overturned. The court concluded that the FCC had no authority to regulate what happens inside consumer devices once a signal is received. That precedent is particularly relevant as we now face a situation where encryption could prevent people from exercising their long-established right to record broadcasts.

The filing emphasizes that public spectrum isn’t a private asset—it’s a shared, collectively owned resource managed under a mandate to serve the public interest. That’s different from how spectrum is handled in industries like mobile phones, where companies purchase and control allocated spectrum. Here, broadcasters are allowed to profit, but only as trustees serving the public.

What stood out in this filing was how thoroughly it outlined the risks to consumers. Many certified ATSC 3.0 devices are already showing their flaws—most require Internet access to tune televisions, others are running outdated software, and few give users any meaningful flexibility. If encryption becomes the norm, gateway devices, DIY DVRs, open-source solutions, and even basic home recording could vanish.

A central point made by the filing is that DRM turns broadcasters into gatekeepers—not just over content, but also over the devices people can use. It also creates a strange contradiction in the law. On one hand, it’s legal to record a broadcast under the American Library decision and the 1980s Sony Betamax case; on the other, it’s illegal to bypass encryption under the DMCA. So even if you have the right to record something, you will be breaking the law in practice.

They also call out the ATSC 3.0 Security Authority, or A3SA, for setting private rules that aren’t subject to public oversight. Even the encoding guidelines broadcasters have touted are limited—they only apply to ATSC 1.0 simulcasts, not future ATSC 3.0-only broadcasts.

The process by which A3SA licenses devices is also under scrutiny. Developers have to sign NDAs, the terms aren’t transparent, and consumers have no voice in the process. This kind of structure, the filing argues, runs counter to the FCC’s mandate to ensure open and nondiscriminatory access to public airwaves.

Interestingly, the document even questions whether encrypted broadcasts still qualify as “broadcasting” under the law, since they require a privately licensed decoder to access them.

So what happens next? It’s going to be a waiting game. The FCC is about to be short on commissioners, with two stepping down and replacements not yet confirmed. Until the commission has a quorum, it won’t be able to vote on anything substantial—including ATSC 3.0 rules.

On Monday we’ll have an interview with John Bergmayer from Public Knowledge, the lead author of the filing, to dive into this topic further.

Until then, this conversation around DRM is going to slow down a bit as we wait for the FCC to get back to full strength. But I’ll keep tracking the story and will have more updates when the next phase begins.

Sinclair Broadcasting Says ATSC 3.0 / NextGen TV DRM Concerns are “Astroturf”

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.

Big ATSC 3 / NextGenTV Update: FCC Opens Public Comment Period, Acknowledges Thousands of Anti-DRM Complaints

Over the past two years, I’ve been closely following developments around the transition to the new ATSC 3.0 television standard—particularly the implications of broadcasters encrypting over-the-air signals with digital rights management (DRM). In my area, I’ve already lost access to a couple of local networks via my HDHomeRun. That experience isn’t unique, and now the FCC is asking for public comment about how this transition should proceed.

I cover what they’re looking for and show how you can respond in my latest video. Instructions are also below.

This is the most direct invitation yet to share feedback on some key questions before any decisions are finalized. Notably, question eight on their list acknowledges thousands of consumer objections to DRM on ATSC 3.0 broadcasts—comments that many of you submitted over the last couple of years from our collective effort:

Even though the question seems to accept the idea that broadcasters may need to protect their content, there’s still room to advocate for alternatives. If you believe gateways could strike a balance between access and protection, you can say that. Personally, I don’t believe DRM is necessary at all, but the FCC appears to be open to constructive, well-supported suggestions. The key is offering real-world experiences and ideas, not just opinions.

We may still end up losing this fight, but I think it’s important that this question made it into the public notice. They did listen to us and they are interested in this topic enough to include it in the public notice. So now we have a chance to provide further clarity. So you can take the cynical route and do nothing, or spend a few minutes to share your thoughts with a commission that is at least interested in hearing from you on this topic.

Another point they’re seeking input on involves some of the mandates broadcasters are proposing as part of the transition—things like requiring all new TVs to include ATSC 3.0 tuners, putting broadcast TV front and center in menu interfaces, or even adding a dedicated broadcast button to remote controls.

What’s different this time is that the current FCC is moving faster than its predecessor. That means deadlines are tight. The main comment period ends May 7, 2025, with replies to comments due by June 6. If you submitted comments before this notice came out, please file again to have your input considered during this official period.

When writing your comments, be specific and back up your statements with facts whenever possible. If DRM has impacted your ability to enjoy over-the-air television—especially if you use HDHomeRun or hoped to—it’s important to say so. Also consider the broader impact. Small companies like SiliconDust, which produces HDHomeRun devices, face real risks. Channels DVR is in a tight spot, and Plex hasn’t even attempted to get into ATSC 3.0 because of the current restrictions. These are the kinds of real-world effects the FCC needs to hear about.

If you’re ready to comment, the process isn’t too difficult. On the FCC’s website, you’ll find two options: an “express comment” form and a more detailed “standard filing” route if you have something longer to say. Just make sure to reference docket number 16-142, and be sure to include your mailing address—it won’t be made public, but it’s required to verify your identity.

I’ve put together my own written comment organized into sections to make it easier for the FCC to follow that you can find here. PLEASE DO NOT SUBMIT MY WORDS AS YOUR OWN. A number of people have done this already, this hurts the cause more than helps. Take the time and relate your personal experinces.

atsc3commentDownload

Once you’ve submitted your comment, it may take a day or two to show up in the public docket. But the important thing is to submit something. Your experiences matter, and the FCC is actually listening—at least for now. Whether they’ll take action based on what we say remains to be seen, but our collective efforts are part of the official record. That alone makes it worth speaking up.

Here’s how to submit:

1. Click this link to be taken to the FCC filing form. This will take you to the express filing. You’ll also see the option at the top of the screen to select the standard filing option where you can submit a PDF or Word Doc. The instructions for submitting are the same for both.

2. On the first line for proceedings type in 16-142 . The system will then display the text “Authorizing Permissive Use of the “Next Generation” Broadcasting Television Standard.” Click on that to lock in the docket number. Here’s what it looks like:

I’ve found that sometimes on the express form that the search doesn’t always pop up correctly. Sometimes clicking over to standard and back to express will get it working. Once you click on it 16-142 will light up yellow like this:

3. Fill in your information. A US address is required and note that this will be part of the public record.

4. Write your comment in the comment section. It’s important to provide some detail especially how this change will make it difficult for YOU to consume over the air television.

We’re almost there!

The ADTH USB Tuner Review: More DRM Nonsense and Poor Compatibility

I’ve been recovering from laryngitis, but I’m back at it with a look at a new TV tuner from ADTH. This one comes with a lot of buzz from the broadcast industry, which is pitching it as a reliable solution for tuning encrypted ATSC 3.0 TV signals. After spending time with it, though, I found it falls painfully short of expectations. See more in my latest review.

The ADTH tuner will likely cost more than the device you’re plugging it into. It’s also imported from China, so there’s a chance future shipments might cost more due to tariffs. You can find it here on Amazon (compensated affiliate link).

It connects via USB to Android TV or Fire TV devices. Out of all the hardware I tested, the only one it fully worked with was the Onn 4K Pro box. Everything else—like the Nvidia Shield, Onn stick, and Fire TV Stick 4K Max—ran into trouble with encrypted channels. On the Shield, encrypted ATSC 3.0 channels froze after showing a single frame. The Fire TV Stick displayed an error saying DRM wasn’t supported. In each case, unencrypted channels were fine, but the whole point of this tuner is to handle encryption, and that’s where it stumbled. My friend Elias Saba of AFTVNews.com tested twenty supposedly compatible devices and found only two worked as advertised.

To make things more complicated, AC-4 audio compatibility on the host device is also required for ATSC 3 broadcasts. Unfortunately most devices don’t say whether they do. So users are left guessing.

Setting it up was relatively simple. The app is available on the Android and Fire TV app stores. After granting permission for USB access—something I had to do each time I launched the app—it walked me through a channel scan and a dongle firmware update. It found channels quickly and offered a decent guide, both a quick overlay and a more detailed grid. The app also lets you pause live TV and jump back to the live broadcast, but there’s no recording or rewinding.

One feature that stood out was the stats screen. It’s the most detailed I’ve seen for ATSC 3.0 tuning and could be useful for those trying to troubleshoot signal issues or understand what’s coming through the airwaves.

It’s worth noting that the app only works on Android TV and Fire TV but not phones or tablets. I checked some APK sites to see if there was an unofficial workaround for mobile, but couldn’t find anything that worked. It also will never work with PCs, or anything Apple- or Roku-based. That’s a big limitation for a device that’s supposed to represent the future of TV tuning.

All of this brings me to DRM and its cost. Right now, the ADTH tuner is one of the few options that’s officially sanctioned to handle encrypted ATSC 3.0. But the GT Media USB tuner we looked at last year, which doesn’t support encryption but works on a much wider range of Android devices—including mobile—sells for as little as $30 on AliExpress. It even has DVR support via an SD card. Despite being cheaper and more versatile, it’s being held back by the same DRM restrictions that limit broader innovation in the space.

As broadcasters continue to push the FCC to accelerate the ATSC 3.0 transition, we’re left with hardware that still doesn’t deliver on the promise. Two years into this DRM rollout, basic functionality still isn’t guaranteed. There’s more to come this week as the FCC opens public comments on the DRM issue, and I’ll be sharing how to get involved. For now, this is where things stand—and it’s not a great place to be.

See more ATSC 3.0 tuners here.

Disclosure: I paid for this device with my own funds.

ATSC 3.0 Update: The CTA Opposes Broadcasters’ Request for Tuner Mandate

I’ve been following the rough rollout of ATSC 3.0—also known as NextGenTV—for a while now, and this week the transition hit another bump in the road. A dispute over tuner mandates has surfaced between two key players in the process: the Consumer Technology Association (CTA), which represents electronics manufacturers, and the National Association of Broadcasters (NAB), which represents TV broadcasters. I dive into this in my latest video.

The disagreement is notable because these two organizations have worked closely to get this new standard off the ground. Even the NextGenTV logo consumers see on compatible equipment is a registered trademark of the CTA, not the NAB.

Recently, the NAB asked the FCC to push the transition forward, proposing a 2028 cutoff for the current standard in major markets. That proposal included several desired mandates. One, which I mentioned previously, would require manufacturers to include ATSC 3.0 tuners in TVs well before that deadline. But there were a few other items tucked into the request. For instance, the NAB wants the FCC to require that remotes with buttons for services like Netflix also have buttons for broadcast TV. They also want broadcast content to be featured prominently in on-screen menus—right up there with paid placements from streaming platforms.

This is where the CTA pushed back. Gary Shapiro, CTA’s CEO, took to LinkedIn with a public response. He accused the NAB of trying to force an unpopular product on consumers and manufacturers. He noted that less than 10% of Americans rely on antennas for TV and argued that these mandates would increase costs for everyone, especially at a time when affordability is a concern.

The CTA also began lobbying FCC commissioners directly. They brought along cost comparisons, pointing out that TVs with ATSC 3.0 tuners are significantly more expensive. They argue that additional costs—like those tied to licensing and DRM requirements—are part of why manufacturers are reluctant to include these tuners in their products.

And that’s been a sticking point all along. The tuners are pricey. They’re expensive to make and expensive to buy, largely because of how difficult it is to meet all the DRM requirements that come with ATSC 3.0. These restrictions make it tough for smaller companies to enter the market, which in turn limits consumer choice.

A good example is something like the HDTV Mate, a sub $60 tuner that doesn’t meet the DRM standards. It’s more affordable than the few certified options, but because it doesn’t comply with the DRM, it’s not really part of the formal ecosystem. Without the DRM roadblock, I believe we’d already see a wider selection of tuners at better price points.

Broadcasters don’t seem likely to budge on DRM. The CTA seems less focused on that issue than on the broader economic impact of the mandates. Still, the lack of tuners—and the obstacles to building them—is at the heart of why this transition has been so slow.

Looking ahead, I don’t expect the FCC to go along with any of the mandates the NAB is pushing for. It’s hard to imagine this FCC chairman telling manufacturers how to design their remotes or menu layouts. But the broader transition to ATSC 3.0 is probably going to keep moving forward. If nothing changes, over-the-air TV might become even harder to access, which could lead to its gradual disappearance. That might suit some interests, especially if the valuable spectrum currently used by broadcasters gets reallocated or repurposed.

It didn’t have to go this way. With more affordable tuners and fewer restrictions, we might have had a more vibrant market by now—even if it was a small one. But instead, we’re left with a limited selection of costly devices and a standard that’s tough for both consumers and developers to embrace.

I’m not giving up on the DRM issue, and if you’re concerned too, there’s a way to weigh in. You can visit my instructions here to file a public comment with the FCC. I’ll be following this docket closely, and I expect more developments as the FCC begins formalizing its approval process for the transition. Public comment periods and even field hearings are likely on the horizon. I’ll keep watching.

See more in this saga in this playlist.

I filed a response to the NAB’s ATSC 3.0 transition request

As I reported on the other day, the nation’s broadcasters are hoping the FCC will finally set a date to transition to the new ATSC 3.0 standard. This of course comes with restrictive DRM that makes it difficult for consumers to tune into over the air television the way they do today.

Here’s what I filed in response:

Dear FCC Commissioners,

It is clear from both the Future of Television report and the recent request for rulemaking from the NAB that the availability of ATSC 3.0 tuners is the major barrier to this transition. Broadcasters seem to believe that setting a firm transition date while simultaneously pulling most of their programming off ATSC 1.0 will magically create a market for tuning devices.

The real reason for this tuner availability problem is that broadcasters have implemented a broken DRM encryption standard that barely works—even for early adopters like me. Before this encryption experiment, it was possible to tune and decode ATSC 3.0 signals on a variety of hardware and operating systems.

With encryption, however, broadcasters now limit tuning boxes to pre-approved tuners running Google’s operating system and encryption technologies. The NAB’s claims that Google is destroying their industry ring hollow when they have essentially created a monopoly for Google in tuning over-the-air signals.

Currently, I have an HDHomeRun “gateway” tuner connected to a single antenna, which delivers ATSC 1.0 and unencrypted ATSC 3.0 content to all of my televisions, computers, and other devices on my home network—regardless of manufacturer. DRM, however, will require consumers to make individual antenna connections to each television and purchase a Google-powered standalone tuner. How is this progress?

Broadcasters will argue that their streaming competitors also use DRM. This is true. However, those streaming services ensure that their apps are available across multiple platforms. Even Apple—well known for its closed ecosystem—makes its Apple TV+ app available on nearly all streaming devices.

A look at Amazon sales data for “ATSC 3.0 tuners” shows that consumers are choosing gateway products at a rate of 20 to 1 over standalone tuners. Why? Because purchasing a single device that integrates with their existing TVs and set top boxes just makes sense. Yet broadcasters want to restrict this option, forcing consumers to either buy more hardware or push them back into a subscription service where they can collect retransmission fees.

While broadcasters have assured this commission that their self-imposed “broadcast encoding rules” allow for in-home recording and gateway use, what they didn’t disclose is that these encoding rules—created entirely by them—only apply to ATSC 3.0 broadcasts that are simulcast on ATSC 1.0.

The broadcast industry’s reliance on retransmission fees will ultimately bankrupt them, as this business model defies basic economic principles. As demand for their product declines, they continue to raise prices. Comcast was charging me $36 per month in pass-through retransmission fees right before I cut the cord!

You will hear from many major corporations in the coming weeks, but I believe it is equally important to listen to the thousands of consumers who have filed on this docket. The truth is that DRM is harmful. The tuning solutions that broadcasters have approved are subpar, expensive, and have stifled innovation—preventing more tuners from reaching consumers by now. ATSC 3.0 offers significant improvements in signal quality that we should all be able to benefit from. But allowing broadcasters to encrypt their signals—on our publicly owned airwaves—in an effort to keep consumers locked into predatory retransmission fees is not the right path for this transition.

Broadcasters already have the full weight and power of the U.S. government to combat and prevent signal piracy. DRM does nothing to prevent piracy but significantly restricts law-abiding consumers from accessing the airwaves that we have granted broadcasters to use for free.

If they want a set transmission date, give it to them—with the requirement that these signals be delivered to the public without encryption or restriction, just as they are now.

For more, you see my prior reports here. You can add your voice to this effort by filing with the FCC yourself! Instructions are here.

Broadcasters Ask the FCC for a 2028 ATSC 3.0 / NextGenTV Transition Date

The nation’s broadcasters are making a push for the Federal Communications Commission (FCC) to lock in a firm February, 2028 date for the transition to the NextGen TV standard, ATSC 3.0.

I take a look at their filing in my latest video.

The broadcaster proposal includes setting the February, 2028 date for the top 55 television markets to fully switch over, with smaller markets following by February 2030. Along with that date request, they’re asking the FCC to make a number of policy changes to accelerate the transition.

One ask is for the FCC to lift the simulcasting rules that exist under the current ATSC 3.0 rule. Right now, stations are required to offer “substantially similar” broadcasts in both the current ATSC 1.0 and newer ATSC 3.0 formats. Broadcasters want to move their higher value programming to ATSC 3.0 to push more viewers to upgrade their televisions or tuners.

Last month’s long awaited “Future of Television” report indicated significant adoption issues centered around ATSC 3.0 tuner availability. At the moment only higher end TV sets have the new tuners built in and standalone tuners are expensive. and lousy. Broadcasters are asking the FCC to mandate the inclusion of ATSC 3.0 tuners on all new televisions as soon as possible to get more of them out to consumers.

One hurdle to this request is an ongoing legal dispute over patents related to the ATSC 3.0 tuning technology. A company has already won a lawsuit against LG, requiring the manufacturer to pay excessive licensing fees on every television sold with an ATSC 3.0 tuner. The case is currently before an appeals court but will no doubt make a mandate difficult to put in place right now.

Another contentious issue is digital rights management (DRM) encryption that broadcasters are building into the new standard. Broadcasters acknowledge the concerns raised by consumers, but tell the FCC that their existing “encoding rules” allow unlimited recording and storage of TV broadcasts. They fail to mention that these rules only apply to simulcasts of ATSC 1.0 content, not dedicated ATSC 3.0 broadcasts. If simulcasting is phased out, broadcasters would have more control over how content is recorded and accessed. And on top of that there are significant compatibility issues that limit how consumers can access the broadcasts and record them.

Currently, the only tuners capable of decrypting these broadcasts rely on Google’s Android TV operating system and Google’s DRM technology. This means broadcasters, who argue they need regulatory relief to compete with Big Tech, are indirectly reliant on Google’s ecosystem to distribute their content. Additionally, consumers have expressed a strong preference for networked tuner solutions—such as gateway devices that connect to a home network—yet broadcasters have struggled to deliver on their promise to support them.

Cable providers are likely to push back against this transition timeline, due to the costs involved in upgrading their infrastructure to support ATSC 3.0’s DRM along with its new video and audio codecs. Broadcasters argue that setting firm deadlines will give cable companies enough time to prepare and budget but they make no offer to assist cable providers’ transition expenses.

Alongside this requested transition, broadcasters are also asking for policy changes that could impact local station ownership rules and streaming services like YouTube TV.

They asked the FCC to lift restrictions on station ownership, claiming they need the ability to scale up their businesses in order to compete for advertising revenue. Unlike digital platforms that can expand without regulatory barriers, broadcasters face limitations on how many TV and radio stations they can own, both nationally and within local markets.

Another significant request involves treating streaming services that carry local stations — such as YouTube TV and Hulu — the same as cable providers when it comes to retransmission negotiations. Currently, national networks negotiate these deals for streaming platforms on behalf of their locally owned affiliates, whereas cable companies must negotiate with each individual station. If the rule changes, it could drive up the cost of streaming services as local broadcasters gain leverage to negotiate their own carriage fees.

The broadcast industry’s current business model defies basic economic principles: they continually raise prices even as demand for their product declines, while simultaneously making it more difficult for cord-cutters to tune in over the air due to the industry’s insistence on broadcast DRM. This FCC chair has already indicated that there are better uses for TV spectrum, so I predict he will approve broadcasters’ request just to hasten their demise.

ATSC 3 / NextGenTV Interactive Features Broke my ADTH Tuner

My ATSC 3 / NextGen TV woes continue.. My CBS affiliate, along with my local NBC station, have enabled interactive content, offering options like on-demand news segments, weather updates, and even the ability to restart live broadcasts. While the potential of this technology is promising, my experience with it has been far from seamless. You can see it in action in my latest video.

For this test, I used the ADTH box, currently the least expensive ATSC 3.0 tuner on the market. This is one of the devices that the broadcast industry is touting as an acceptable device to help people transition to the new standard on a budget.

The interactive features themselves are designed to provide a more dynamic viewing experience. When the prompt appears on a support channel, selecting the interactive option opens a menu where viewers can choose from various content categories. This might include local news updates, weather reports, emergency alerts, and special event coverage. For instance, NBC’s interface included information about the Paris Olympics, although that content was outdated. These features require an internet connection, as they pull in real-time updates from online sources rather than relying solely on the broadcast signal.

However, on my ADTH box, the interactive pop-up became a persistent annoyance. It pops up and stays persistent for a long time on a supported channels. And in the case of my NBC affiliate the interactive prompt prevented me from navigating back to the channel guide without switching to another channel first.

A particularly strange problem emerged when watching unencrypted ATSC 3.0 channels. A persistent large grey play button overlay appeared on these channels, blocking a significant portion of the screen. Oddly enough, this issue did not occur on encrypted channels. The play button glitch is not intentional, but it underscores the broader problem with the current implementation of ATSC 3.0’s encryption system. Broadcasters are misleading the FCC and the public by claiming these cheap boxes are ready for a major broadcast TV transition.

To troubleshoot, I updated the firmware, even trying a beta version. I performed a factory reset, plugged the box directly into my television to rule out HDCP issues, and tried multiple setups. Nothing fixed these problems. The ADTH box, which should be an accessible entry point for consumers into ATSC 3.0, instead became an example of the complications that DRM and unfinished software introduce to the experience.

Despite these issues, I do see value in the interactive features themselves. On-demand access to local news and alerts could be useful, and the ability to restart live broadcasts is a welcome addition. However, the current execution—at least on this hardware—is deeply flawed. The performance lags, interface issues, and DRM restrictions hinder what could be a major advancement in over-the-air television.

Beyond the interface frustrations, there were issues with HDR implementation. My NBC affiliate broadcasts in HDR, but the ADTH box doesn’t seem to tone map correctly, resulting in an overly dark picture. Switching between channels was also sluggish, and once interactive features were engaged, performance slowed down significantly. The delay in accessing menus and content made navigation frustrating, even when just trying to check the weather or local news updates.

With ATSC 3.0’s continued rollout, broadcasters and hardware manufacturers need to ensure that these features work as intended across a variety of devices. If the most affordable tuner on the market struggles this much, it’s hard to see widespread consumer adoption happening smoothly. For now, I’ll keep testing and see if future updates bring any improvements.

Is ATSC 3.0 NextgenTV Stuck?

A long-awaited report on the transition to ATSC 3.0, the new over-the-air television technology, was released last week. The report represents the work of a broad coalition of stakeholders, including broadcasters, cable and satellite companies, consumer groups, and manufacturers, alongside the FCC. We talk about the report in my latest video.

What’s clear in the report is that the transition to this new over the air television technology is stuck – largely hindered by new DRM requirements that make it difficult for manufacturers to make affordable devices. Many are opting not to make one at all.

The FCC had initially targeted 2027 for turning off ATSC 1.0 and transitioning fully to ATSC 3.0. However, no stakeholder in the report supports setting a transition date yet. Consumer adoption of ATSC 3.0 capable televisions and tuners remains slow due to expensive devices. Most of the TVs that include ATSC 3.0 tuners are higher end sets, and while some lower-cost models are starting to include them, the technology has yet to reach the broader market. Similarly, cable and satellite providers face costly upgrades to their infrastructure and set-top boxes to handle the new standard, adding another layer of complexity.

Interestingly, the FCC chairman has suggested that TV spectrum could be repurposed for broadband data delivery, especially in underserved areas. Broadcasters are exploring this possibility by looking at how ATSC 3.0 might serve as a wireless data delivery system. However, this shift could force the industry to accelerate the transition or risk losing valuable spectrum to broadband use.

Retransmission fees—a major revenue source for broadcasters—complicate the situation further. Cable and satellite providers already pass significant costs to customers to cover these fees. Adding the expense of transitioning to ATSC 3.0 only intensifies the pressure cable companies face being stuck in the middle of broadcasters and customers. Moreover, legal requirements to maintain signal quality without material degradation present additional technical and financial challenges.

DRM is another contentious issue. Broadcasters continue to push for encryption of over-the-air signals, arguing it aligns with how the internet secures content. But unlike platforms like Netflix, which offer seamless access across devices even with DRM, ATSC 3.0 encryption has created significant consumer inconvenience. Currently, only devices running Android or Samsung’s Tizen TV OS can decrypt ATSC 3.0 signals, severely limiting accessibility.

Allowing gateway devices, like the HDHomerun and Zapperbox’s gateway functionality, could make the transition easier for consumers as they could watch ATSC 3 signals on the smart TVs and streaming boxes they already own. But the promised specifications from the broadcast standards body have yet to materialize.

I was very disappointed to see that the thousands of consumers who have spoken out against DRM on the FCC docket were not represented in this report.

For now, the ATSC 3.0 transition seems to be at a crossroads. With no clear path forward, the technology risks stalling altogether. Broadcasters, policymakers, and other stakeholders will need to address the existing challenges—from cost and DRM to consumer convenience—if they want to see widespread adoption.

Cord Cutting: Free TV with Gateway Devices Like the HDHomerun and Tablo

Gateway devices like the HDHomeRun and Tablo (compensated affiliate links) take over the air television signals from an antenna, put them on your local network, and let you stream live television like any other app to just about any device. They even have DVR features for recording, too.

Beyond the cool factor these devices can also save you a lot of money in cable and streaming fees. My latest explainer video takes a hands-on look at these devices.

The HDHomeRun Flex 4K, for instance, allows users to watch or record up to four different channels simultaneously. This functionality—combined with the flexibility to use the device with various apps and platforms—offers a significant alternative to traditional cable services. Costs associated with these devices are often minimal compared to the steep and frequently rising fees for local TV broadcasts through cable and streaming providers. In my area, these fees can amount to nearly $400 annually, while a gateway device offers a much faster return on investment.

Setting up OTA television does come with a few challenges, particularly with antenna installation. Tools like the RabbitEars website can help identify the best placement and type of antenna for a given location. For those less inclined to set up an antenna themselves, services like Antenna Man offer personalized recommendations. Depending on geography, solutions range from small indoor antennas to larger outdoor ones, as seen with setups in rural or distant areas.

Despite these benefits, the freedom that gateway devices provide faces a looming threat. Broadcasters are pushing for DRM encryption in conjunction with the rollout of the ATSC 3.0 “NextGen TV” standard by 2027. If implemented, this could limit the current flexibility of accessing and recording OTA content, nudging consumers back toward paid subscriptions. Advocacy efforts have focused on challenging this encryption, with significant public input on the FCC transition docket urging for continued device usability.

The transition to ATSC 3.0 is not without its advantages. The new standard promises improved video quality and modern encoding capabilities compared to the decades-old ATSC 1.0. However, compatibility with ATSC 3.0 is a critical factor for prospective device buyers. For example, while the HDHomeRun Flex 4K supports both standards, many devices, such as the current generation of the Tablo DVR, are limited to ATSC 1.0 and may become obsolete post-transition in 2027.

Manufacturers are working on solutions to maintain the functionality of gateway devices under the new standard, but ultimately the broadcasters will have to allow it.

You can find individual reviews of these products here. You can also see my full coverage of the fight to prevent DRM encryption of the public airwaves here.

Disclosure: Silicon Dust, the makers of the HDHomerun, provided the Flex 4k device to the channel free of charge. No other compensation was received for this video nor did anyone review or approve this content before it was uploaded.

What’s Next for ATSC 3.0 DRM?

As the rollout of ATSC 3.0 continues in the U.S., one major roadblock keeps surfacing: broadcasters’ push to encrypt over-the-air TV signals. This effort has made it more challenging for viewers to access free, over-the-air content and slowed adoption of the new standard by TV and tuner box manufacturers.

Now that the 2024 presidential election is behind us, I take a look at what might happen next in my latest video.

The recent election results are likely going to keep the government out of how broadcasters choose to implement the standard.

During a recent investor call, Nexstar, a prominent broadcaster, expressed optimism about potential regulatory changes under the current administration, particularly around loosening media ownership restrictions.

The FCC currently limits the number of TV stations a single broadcaster can own nationally, as well as the amount of broadcast space in local markets. Broadcasters argue that while they face restrictions, tech giants like Google enjoy open access to screens across the country. Ironically, these same broadcasters rely on Google’s encryption technology to encrypt their signals, making Google both a competitor and a provider. Additionally the only compatible tuner boxes are ones that are running Google’s operating system.

Current FCC Commissioner Brendan Carr, considered the front runner to be the next FCC chair, favors market-driven approaches over governmental mandates. He cites the success of the United States’ 5G rollout and sees the government’s role in ensuring scarce radio spectrum meets its highest and best use in a competitive marketplace.

In his past remarks, Carr has emphasized the importance of letting the market dictate the success of ATSC 3.0, particularly viewing it as an opportunity for “Broadcast Internet” – a high-speed data service for rural areas that could transform TV broadcasters into ISPs. This perspective could ultimately steer the industry toward data services over traditional TV broadcasts, especially in underserved regions.

Given these past statements it’s safe to assume he’ll give the industry discretion to finalize the standard themselves including the encryption component. If the market doesn’t respond well to that, so be it.

And the market may already be responding: ATSC 3.0 adoption is still lagging due to the complexities DRM brings to the mix. Few TVs currently support 3.0, and most that do are higher-end models. DRM certification complicates the production of ATSC 3.0-compatible devices, a situation that has hindered innovation from startups that could otherwise provide affordable options for tuning into these signals.

With the government expecting a transition in 2027, and Carr eying the existing ATSC 1.0 spectrum for 5G data providers, it’s possible market forces and a lack of regulatory pressure may cause broadcasters to pivot their entire business model.

Viewers interested in voicing their opinions on the matter still have the option to submit comments to the FCC. It might be worth reminding the FCC that DRM encryption is limiting the market for a competitive hardware tuning market.

ATSC 3.0 Encryption Limits Consumer Choice

We are now about a year and a half in on the encryption of the ATSC 3.0 broadcast television standard. It’s becoming clear now how DRM is significantly limiting consumer choice and adoption of the new format. In my latest video I’ll demo how well an unencrypted channel works across a number of platforms that are currently restricted from viewing encrypted content.

This video was inspired by a recent press release pushed out by broadcast TV association Pearl TV touting a new USB dongle from ADTH that can tune into ATSC 3.0 content. They cite this as a step towards speeding up adoption of the new standard. BUT – the dongle will require an Internet connection to tune into protected channels.

What’s frustrating is that a similar device has been around for nearly a year, made by a company called GT Media. In fact I reviewed it when it came out. It’s a $60 USB stick that can pick up unencrypted ATSC 3.0 and 1.0 signals and an example of how robust the ATSC 3.0 tuner marketplace could have been by now.

What is clear is that we’d have many more affordable options like this one if broadcasters didn’t choose to encrypt and lock down their signals. I’m very interested to see what the ADTH dongle will cost vs. the GTMedia device given what the added expense of meeting those DRM requirements requires.

To show how frustrating this can be, I’ve got an HDHomeRun Flex 4K plugged into my antenna upstairs, and I can tune in non-encrypted ATSC 3.0 signals across multiple platforms: my Windows PC, iPhone, Roku TV, and even my Apple TV. Basically anything in my home with a screen can tune in. It all works perfectly without having to jump through hoops. But as soon as encryption gets involved, most of these options vanish, leaving me with only a few Android-based tuners to choose from that have to be directly connected to a television.

Earlier this year, broadcasters promised that we’d see more device compatibility beyond Android platforms, but here we are months later and we’re still waiting. Devices like Apple TV, Windows PCs, and others are still locked out because the encryption standard the broadcasters chose is a Google-based system.

It’s a real shame because ATSC 3.0 is such a leap forward in terms of video quality and efficiency. When it’s not locked down, it’s a game changer. I’ve been able to receive channels in my area that I never could before, but now two of my local networks have encrypted their signals, locking me out.

There’s still time to make our voices heard. The FCC is accepting comments on this, and it’s one of the most commented issues on their docket right now. If you feel the same way I do about the impact of encryption on the future of over-the-air TV, you can add your thoughts to the official file. I have instructions here on how to submit a comment to the FCC here on my site.

For now, I’m keeping an eye on how this develops, but it’s frustrating to think about how much potential this technology has and how much it’s being restricted by unnecessary barriers. If the encryption stays, I fear this could be the future of broadcast television—locked down and limiting what consumers can do with their own devices.

ATSC 3.0 Update: Did Broadcasters Mislead the FCC on LG Patent Suit Impact?

I’ve been closely following the transition of over-the-air television in the U.S. to the new ATSC 3.0 standard, also known as NextGenTV. Initially, the process appeared smooth, but things started to take a turn. Broadcasters began encrypting channels, making them inaccessible to viewers. Then, the industry was hit with a significant lawsuit that forced LG, one of the largest TV manufacturers, to pull its ATSC 3.0 tuners off the market.

In my latest video, we take a look at how the industry is responding to this lawsuit one year out. Broadcast industry association Pearl TV told the FCC last year that this lawsuit had no impact on the transition to ATSC 3.0, but they told a very different story to an appeals court hearing the case last week.

That lawsuit, filed by Constellation Designs, didn’t seek an astronomical sum—only $1.6 million in damages. But the real issue was the future costs: LG would have to pay a $6.75 royalty per unit for every television equipped with the tuner. This rate was about six times what they were paying to the patent pool for other related patents. LG, understandably, decided to exit the market rather than absorb those costs.

Fast forward to the present, and the broadcasters’ association, Pearl TV, has filed a brief with the U.S. Court of Appeals. They argue that the lawsuit could jeopardize the transition to ATSC 3.0. Their concern is that other patent holders, seeing the success of Constellation Designs, might also opt out of the patent pool, potentially leading to more lawsuits and higher costs for manufacturers. If that happens, they fear other TV manufacturers might follow LG’s lead and exit the market as well.

What’s interesting, though, is that Pearl TV’s message to the FCC last year was quite different. After the lawsuit, they downplayed the issue, saying everything was fine and there was no need for the FCC to intervene. They argued that the patent pools were functioning well and that there was no sign of market failure.

Despite Pearl’s reassurance to the FCC, the market tells a different story. Only a handful of new televisions this year included ATSC 3.0 tuners, and most are found only in high-end televisions that aren’t affordable for everyone. Panasonic’s recent announcement of their return to the U.S. market with TVs featuring ATSC 3.0 tuners adds some hope. However, those tuners won’t be activated until a future firmware update, and there’s no clear timeline for when that will happen.

The broader issue here seems to be that broadcasters are attempting to turn this new standard into a proprietary one. With ATSC 1.0, if a manufacturer’s product meets the FCC’s standards, they can build a tuner and sell it on the market. But under ATSC 3.0, manufacturers must get approval from broadcasters, pay for testing and certifications, and potentially face high royalty fees from DRM, which could make it financially unfeasible for many small hardware and software companies to participate.

The result is that consumers may end up paying more for television access, and options will remain limited – especially as the DRM encryption prevents the use of gateway devices that allow in-home streaming to televisions not connected to an antenna. This is particularly concerning given that broadcasters use public airwaves for free.

I’ve been encouraging viewers to make their voices heard with the FCC regarding these issues. Many have already submitted filings, and the ATSC 3.0 proceeding is now one of the FCC’s top concerns. It’s clear that public dissatisfaction with the transition is growing.

With a U.S. election coming up, followed by a presidential transition, this is a pivotal moment to influence how the FCC approaches the ATSC 3.0 standard. There’s an opportunity to ensure that the new standard benefits consumers, not just broadcasters. The more public feedback that can be submitted now, the better the chances of ensuring a fair and accessible transition.

ATSC 3 Update: Broadcasters say we are the “Super, super, super sub minority”

I’ve been receiving numerous inquiries about new developments with the NextGenTV ATSC 3.0 over the air television standard. Unfortunately, there isn’t much news to report beyond some markets experimenting with streaming Internet-based channels that initiate their connections based on a URL passed over the air. You can see which markets support this new feature over at Rabbitears.info.

The other bit of news is that the industry refuses to budge on their desire to encrypt the public airwaves and make it more difficult for consumers to watch television in their own homes. In a recent interview, an industry spokesperson said those opposed to encryption are a “super, super, super sub minority” of the overall population. I disagree, and my latest video looks at why more people care than the industry’s tunnel vision suggests.

The interview was conducted by Dylan Ross of WNY Over The Air with David Arland of Arland Communications, who represents several industry players in the ATSC 3.0 rollout including the A3SA, the group responsible for the encryption.

Arland touched on gateway devices like the HDHomerun that bring a TV signal into one device and distribute over a local network to other devices. Arland said in the interview that gateway devices that support ATSC 3 encryption are coming, a claim that has been made since stations started locking their signals down a year ago. To date none of the certified ATSC 3 tuners allow gateway functions.

While the industry maintains this use case is minimal, a quick search of Amazon for “tv tuners” reveals that four of the top five best selling tuner products are in fact gateway devices: a few different SKUs of the 4th generation Tablo and the HDHomerun Flex 4k.

Arland also said claims that I and others have made that encryption is a tactic to steer consumers to subscription services is “bogus.” But if encryption is allowed by the FCC, that will be the only way for consumers to consume local tv stations in more than one room off of a single connection.

Despite the industry’s stance, consumer demand for flexible viewing options persists. Companies providing gateway hardware and software solutions for ATSC 1.0 continue to thrive, suggesting a substantial market interest. The future of DRM encryption will likely be decided by the FCC or Congress, influenced by the upcoming election and subsequent appointments to the FCC.

If you care about this issue, I encourage you to file a comment with the FCC. There are already over thousands of filings from other concerned viewers. The ongoing debate over DRM encryption is crucial, and your voice can make a difference.

ATSC 3.0 Emergency Alerts Stalled?

AWARN, an organization dedicated to standardizing television emergency alerts, has been instrumental in developing parts of the ATSC 3.0 standard. Their goal is to ensure that emergency alerts are consistent nationwide, allowing people to receive critical information in times of crisis. Improved emergency alerts has been one of the key selling points the industry is making in favor of adoption.

Like everything related to the ATSC 3.0 rollout, not much progress has been made in actually getting these these alerts to work. While the industry worked quickly to encrypt their signals to protect revenues, everything else appears to be falling by the wayside. This is the subject of my latest video.

John Lawson, AWARN’s executive director, told me that both broadcasters and the FCC need to provide some leadership to get this superior alert technology ready for the transition:

“Several major broadcast companies highlighted advanced alerting as the key benefit of NextGen TV when they filed comments requesting that the Commission approve voluntary transmission in ATSC 3.0. Chairman Pai thanked me personally for the role of AWARN in getting him to three votes for approval. But Sinclair and Capitol Broadcasting are really the only two broadcast companies making investments in advanced alerting since then. This inertia is exacerbated by a lack of leadership on the issue from the FCC.”

-Statement from John Lawson

Currently, emergency alerts are not being transmitted via ATSC 3.0 in most if not all markets, as demoed by WNY Weather on YouTube. This could pose a significant risk during emergencies when cellular networks are often the first to fail.

In a recent FCC Filing, AWARN showed examples of widespread cell tower outages during hurricanes in Florida and Louisiana but very few TV stations getting knocked off the air.

ATSC 3.0 promises enhanced alert features like geo-targeting to prevent “over alerting,” rich media content, device wakeup capabilities and more, which are crucial for effective emergency communication. These features can provide detailed information, such as evacuation routes and shelter locations, directly to affected individuals. Despite this potential, the lack of a standardized approach means these capabilities remain underutilized.

AWARN’s presentation to the FCC included practical suggestions, such as the use of battery-powered receivers for low-income households that might not have access to other forms of media. These receivers could ensure that everyone receives emergency alerts, regardless of their financial situation. They also pointed out that current set-top boxes like the ADTH and Zinwell devices could support these alerts, though no broadcasters are transmitting them yet.

The promise of ATSC 3.0 in improving emergency alerts remains unfulfilled due to a combination of industry priorities and a lack of interest by regulators for any part of the ATSC 3.0 rollout. The technology is available, but without a coordinated effort, its life-saving potential will not be realized.

ATSC 3 Update – The Arduous Zinwell Box Update Process

Navigating the arduous update process of the Zinwell ATSC 3.0 tuner shows just how much complexity ATSC 3 DRM’s requirements have brought to free over the air television. I run through the update in my latest video.

As I referenced in my initial review, the update process is anything but simple. The instruction to press a specific settings key, when the remote itself houses two, sets the stage for a complex journey. The update requires navigating deep inside the otherwise hidden Android interface to initiate a sideloading of the updater app followed by the update itself.

This complexity is magnified when considering their target market are users who are not technologically savvy. This also further erodes the marketing promise that this device does not require an Internet connection to operate. Unfortunately frequent changes to the ATSC 3.0 DRM will require frequent firmware updates to keep the television channels working.

Despite the complexity, the update introduced some notable improvements, such as an up-to-date Android security patch level and a new signal strength indicator. However, these improvements are somewhat overshadowed by the convoluted process required to install them.

The introduction of a slightly simplified update process through its TV tuner app marks a step in the right direction, albeit a small one. The tuner app will drop users off on the same updater apps they currently have to load manually. It does not appear future updates will happen automatically and it’s not clear what the update process will look like in the future.

The complexity and frequent updates required by devices like the Zinwell ATSC 3.0 Box just to maintain compatibility with unnecessary encryption serve as a reminder of the challenges that consumers will face when it comes to tuning free TV in the near future.

If you haven’t already, please reach out to the FCC and register your complaint. They seem very eager to extend their regulatory powers to the Internet, but are showing less of a desire to exercise their existing regulatory authority of the public airwaves.

Free Broadcast TV Streaming Service LocalTV+ Launches in Boston

LocalTV+, a non-profit streaming service, has made its debut in Boston, offering those within a 100 mile radius of the city the ability to stream free broadcast television on their Apple devices. LocalTV+ works off the same legal theory as Locast, a previously shut-down service, by aiming to avoid repeating Locast’s mistakes.

In my latest video, I look at some of the headwinds LocalTV+ faces as it begins to build out its user base.

I am situated just beyond the 100-mile radius required to access LocalTV+ personally. After I published the video I was able to access the service by changing the location settings on my iPhone to provide a less precise address to the app. The video quality looks good and things spin up quickly.

Local TV+ is exclusive to iOS devices – iPhones, iPads, and Apple TVs. This choice is because the developer’s expertise with iOS and helps in more accurately determining user locations, crucial for adherence to federal law.

LocalTV+ operates through an antenna situated in Brookline and possibly other locations around Boston. The service captures the ATSC 1.0 signal, redirecting it to users through a Boston-based data center. It does not have DVR capabilities although I was able to pause and restart live TV on-device.

The service’s legal foundation is built on its non-profit status, established under the name Mass Local TV Inc. This positioning is essential for compliance with federal retransmission laws, as it seeks to avoid the pitfalls encountered by previous ventures such as Aereo and Locast.

Aereo launched a commercial service (also in the Boston area) which allowed users to “rent” a tiny antenna at their facilities to pick up over the air broadcasts. The broadcasters argued that Aereo was no different than a cable provider and was violating copyright by streaming their broadcasts. The US Supreme Court agreed with the broadcasters, arguing that there was an insufficient distinction between its offerings and those of a traditional cable service.

Locast took a different approach, setting itself up as a non-profit and depending on a provision in US law that allows non-profit organizations to retransmit television broadcasts. But these non-profits have to it “without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service.”

Locast asked users to make a “donation” to the service that was around $5 per month. It was possible to access Locast for free, but free users would be nagged constantly with notices asking them to donate in order to watch without interruptions. Locast used the proceeds of user donations to expand the service into other TV markets and grew to over 2.5 million users.

The broadcasters took Locast to court on the grounds that the law does not allow donations to fuel expansion. The judge agreed with the broadcasters and also agreed to make Locast’s founder, David Goodfriend, personally liable for copyright infringement. Locast quickly shut down after that. In a settlement the broadcasters collected the leftover funds and decided not to pursue additional damages from Goodfriend.

For LocalTV+ to succeed where others failed, a delicate balance must be maintained. Its operations need to not step over the line to what federal law defines a cable system to be. This includes avoiding a paid donation subscription model and ensuring that any expansion is not funded by viewer donations.

Looming over this entire scenario is the ATSC 3.0 NextGen TV standard, which is on track to encrypt over-the-air signals. Such a development, under the Digital Millennium Copyright Act, would make it illegal for non-profits like LocalTV+ to retransmit encrypted signals, potentially rendering this and similar efforts futile.

Enjoy it while you can!

New DVR / Gateway Rules Announced for ATSC 3.0

On Monday, the A3SA announced new DRM rules for the emerging ATSC 3.0 TV standard. While the announcement on the surface looked encouraging, digging deeper reveals that these rules will not solve the issues the broadcast industry created by encrypting over the air signals. You can see an analysis in my latest video.

For the uninitiated, ATSC 3.0 is a new over the air TV standard that will soon replace the current ATSC 1.0 broadcast technology. Broadcasters added a digital rights management (DRM) feature into the new standard in an effort to prevent third parties from re-transmitting these signals over the Internet.

While it likely won’t stop piracy what it has been doing so far is preventing legitimate antenna television watchers from viewing the ATSC 3 signals – especially those of us who use a gateway device like the HDhomerun or Tablo. These devices allow a single antenna connection to bring over the air television to just about any device in the home with a screen. Encrypted channels don’t work with these gateway devices at the moment.

The A3SA’s press release, while not revealing the entire standard due to its proprietary nature, hints at significant changes that will restore network DVR functionality and will allow for in-home streaming from a gateway device to a software or hardware based video player like a phone, tablet, set top box and smart TV.

A3SA also says that the addition to the standard will also follow the “broadcast encoder rules” which allow for the freedoms we currently enjoy with over-the-air content, like recording, skipping ads, and no retention limits.

But there’s a catch .. the broadcast encoder rules are rules established by the industry, not the FCC or Congress. Additionally broadcasters are only required to abide by these rules so long as the encrypted ATSC 3.0 channel is simulcast with the older ATSC 1.0 version. After that they could do a rug pull and severely limit what TV viewers can do in the home with their recordings.

Device compatibility is another pressing issue. The announcement mentions support for platforms like Android, Fire TV, Roku, webOS, and Tizen but leaves out significant players like Windows and Mac PCs and gaming consoles like the Xbox and Playstation. And their support for Apple devices is, in their words, “in process” and not yet finalized.

As I have been detailing over the last several months the broadcast industry’s desire to encrypt all of their signals risks ruining the future of over the air television. DRM has added nothing of value to consumers and has only made the process of watching TV unnecessarily complex.

We need to keep the pressure on. Please be sure to contact the FCC and make your voice heard!

Working Around ATSC 3.0 DRM with the Channels App’s Custom Channel Feature

I recently explored a unique solution for encrypted ATSC 3 TV stations with a special feature of the Channels App that allow for creating custom channels. You can see how I set it up in this video!

The Channels App consists of a DVR server running locally on a device like a NAS, Raspberry Pi, or PC and client apps that run on Apple TV, iOS, Fire TV and Android. The server application conencts to an HDHomerun and TV Anywhere sources for recording and streaming to client devices. You can learn more about Channels in this playlist. (Disclosure, Channels is an occasional sponsor on the channel)

One unique aspect of Channels is its ability to add custom channels through an M3U playlist. For example, one could use a hardware video encoder with an HDMI input and have that video sent into channels as a custom source.

However, Channels doesn’t run a listening server, meaning it needs to connect to an external source vs. having something sent to it via OBS. This led me to investigate an open-source Docker project called Restreamer, designed for video streaming but adaptable for integrating TV tuner video into Channels. Notably, all ATSC 3 tuners supporting DRM that I’ve seen do not encrypt the HDMI output. This allows consumers to legally record over-the-air television, as HDMI encryption has not been implemented by broadcasters and thus does not require the viewer to break encryption which is illegal under the DMCA.

My setup involved a Linux Mini PC connected to an HDMI capture dongle and the Zinwell TV tuner I recently reviewed. The installation of Docker and the Restreamer application was straightforward for anyone familiar with Docker. The setup on the Channels app involved adding a new source, configuring it with the right parameters, and mapping it to the actual guide data.

The custom channel I created was then fully integrated into my channel setup, behaving like any other channel despite its origin as an ATSC 3 DRM encrypted signal. It displayed correct guide data and allowed recording, just like other channels.

This proof of concept does show it’s possible to integrate DRM encrypted channels into an unrestricted home DVR. But of course this will only tune one channel at a time unless multiple tuners are connected to multiple capture cards.

Of course none of this is nonsense necessary with the current ATSC 1.0 broadcast standard that does not encrypt broadcast signals!