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.