Letter to the Honorable Julius Genachowski, Chairman, Federal Communications Commission

Letter

Representative Edward J. Markey (D-Mass.), former Chairman and current senior member of the Energy and Commerce Subcommittee on Communications, Technology and the Internet, today expressed his support for FCC action to promote greater video competition and consumer access to innovative navigation devices consistent with the congressional intent of Section 629 of the Communications Act. Rep. Markey is the author of Section 629, which he inserted in the Telecommunications Act of 1996 along with then-Commerce Committee Chairman Tom Bliley (R-TX).

"Today's action by the Commission is an important step towards achieving the goals of greater video competition and choice for consumers in the marketplace for smart video boxes. When I authored the provision in the 1996 Telecommunications Act on video navigation devices, I wanted to spur innovation in the marketplace for these devices and untether consumers from reliance upon the boxes provided by their cable company. With its action today, the FCC has brought us closer to the day when consumers will be able to purchase smart video devices that can access all multichannel video programming services, enabling consumers to pick the service provider that best suits their needs and interests without with the inconvenience of replacing their video devices. I look forward to the Commission's continued progress in this area," Rep. Markey said.

In addition to resolving the CableCard issue in the short-term, Rep. Markey has called for the Commission to initiate a proceeding, consistent with the recommendations in the National Broadband Plan, to make progress towards the widespread availability of video navigation devices as envisioned by Section 629. In a letter he sent to FCC Chairman Genachowski on October 6, 2010, Rep. Markey expressed his view that such a proceeding should ensure that all MVPDs install a gateway device or equivalent functionality in all new subscriber homes and in all homes requiring replacement set-top boxes, starting on or before Dec. 31, 2012.

The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Dear Chairman Genachowski:

I am writing with respect to the Commission's ongoing efforts to spur greater video competition and consumer access to innovative video navigation devices consistent with the congressional intent of Section 629 of the Communications Act. I am the author of that provision, which I successfully added to the Telecommunications Act of 1996 with then-Commerce Committee Chairman Tom Biley (R-VA). I am pleased that the National Broadband Plan cited this provision as an opportunity to spur innovation in video navigation devices, fostering the broadband video marketplace and greater adoption of broadband.

In the age of the smart phone, these devices essentially are "smart video boxes"-- the range of navigation devices from converter boxes and set-top boxes to modems and digital video recorders that consumers use daily - the very devices that ideally would help consumers navigate to the video and information sources of their choice. Unfortunately, fourteen years after the enactment of Section 629, the promise of the smart video box provision has not been fulfilled, as the Commission noted in the National Broadband Plan. There has been tremendous innovation in two of the three main devices for connecting to broadband services - smart phones and personal computer - but the set-top box is simply not as "smart" or as available as it should be for consumers.

The failure of a more robust market for set-top boxes can be attributed in part to problems with implementation and support of the CableCARD system. Specifically, installation of a CableCARD requires assistance from a professional technician and can be laborious and time-consuming; the inability to access switched digital video without the need for adjustments makes CableCard-enabled devices an unappealing choice for consumers who subscribe to cable systems that utilize switched digital video; and CableCard pricing also has made it less competitive in the marketplace.

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