Federal Communications Commission fcc 12-81 Before the Federal Communications Commission
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Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment, CS Docket No. 97-80, PP Docket No. 00-67, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 20885 (2003).
152 “Conditional access” is the method that cable operators use to make sure that cable subscribers only receive the programming to which they subscribe. 153 See generally 47 C.F.R. §§ 76.640, 76.1204. 154 The Commission’s CableCARD rules standardized what was necessary to make retail devices compatible with cable system conditional access systems nationwide and to tune digital linear programming channels. The Commission deferred standardization of technology necessary for navigation devices to communicate upstream to the headend to request two-way services like video-on-demand, pay-per-view, or switched digital video, but some cable operators have negotiated with TiVo privately to provide on-demand services to retail TiVo set-top boxes. Harry McCracken, TiVo Gets Comcast’s Xfinity on Demand, Time, Apr. 9, 2012, http://techland.time.com/2012/04/09/tivo-gets-comasts-xfinity-on-demand/ (visited May 3, 2012); Letter from Natalie G. Roisman, Counsel to Cox Enterprises, Inc., to Marlene H. Dortch, Secretary, FCC, CS Docket No. 97-80 (filed Oct. 8, 2010). 155 Navigation Devices Third Report and Order, 25 FCC Rcd at 14660, ¶ 4. 156 The Commission directed certain cable operators to file reports with the Commission detailing CableCARD deployments. See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, CS Docket No. 97-80, Second Report and Order, 20 FCC Rcd 6794, 6814-15, ¶ 39 (2005) (“2005 Deferral Order”). 157 Effective July 1, 2007, cable operators were required to separate security in their leased devices and rely on the same conditional access mechanism that consumer electronics manufacturers use in their commercially available devices. 47 C.F.R. § 76.1204(a)(1). See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, CS Docket No. 97-80, Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 7924, 7926 ¶ 4 (2003); 2005 Deferral Order, 20 FCC Rcd at 6802-03 ¶ 13. 158 See Letters from Neal M. Goldberg, Vice President and General Counsel, NCTA, to Marlene H. Dortch, Secretary, FCC, CS Docket No. 97-80 (filed June 29, 2006, June 25, 2007, June 23, 2008, June 26, 2009, June 23, 2011, June 30, 2011). 159 See, e.g., NCTA 5/20/09 Comments at 40. 160 Verizon 5/20/09 Comments at 29-31; DISH Network 6/20/09 Reply at 10-11. 161 Free Press 8/28/09 Reply at 6-9; Montgomery County, MD 5/20/09 Comments at 21-23. 162 Navigation Devices Third Report and Order, 25 FCC Rcd at 14662-14676, ¶¶ 8-38. 163 One such effort undertaken by industry is called Tru2way, previously called the Open Cable Applications Platform. While consumer electronics manufacturers have been reluctant to implement tru2way in retail devices, cable operators may continue to support Tru2way for their own internal purposes. See Todd Spangler, Comcast New Way on Tru2way, Multichannel News, June 14, 2010, http://www.multichannel.com/article/453729-Comcast_New_Way_on_Tru2way.php (visited Mar. 6, 2012). 164 Video Device Competition; Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices; Compatibility between Cable Systems and Consumer Electronics Equipment, MB Docket No. 10-91, Notice of Inquiry, 25 FCC Rcd 4275, 4281-3, ¶¶ 17-23 (2010). 165 Comcast 7/8/11 Reply at 4-5. 166 See Gartner, Inc., Gartner Says Apple Will Have a Free Run in Tablet Market Holiday Season as Competitors Continue to Lag (press release), Sept. 22, 2011. 167 See Zach Epstein, NPD: One in Five Smartphones Sold in Q2 Was 4G Capable, HTC Leads Market, BGR Media, LLC, Oct. 14, 2011, http://www.bgr.com/2011/10/14/npd-one-in-five-smartphones-sold-in-q2-was-4g-capable-htc-leads-market/ (visited Mar. 8, 2012). 168 Letter from Michael Powell at 4. 169 Id. at 2. 170 See Verizon Wireless, Verizon Wireless Lifts Curtain on V CAST Mobile TV True Broadband Qualiy, the Best of TV (press release), Jan. 7, 2007. 171 See WinTV Aero-m product description, Hauppauge Computer Works, Inc., http://www.hauppauge.com/site/products/data_aero-m.html (visited Mar. 2, 2012). 172 Universal Serial Bus (“USB”) is a set of connectivity specifications that allows easy, high-speed connections of peripherals to PCs that, once plugged in, configure automatically. USB is found in over ten billion PCs, consumer electronics, and mobile devices. See USB (Universal Serial Bus), http://www.intel.com/content/www/us/en/io/universal-serial-bus/universal-serial-bus.html (visited Mar. 8, 2012). 173 See Open Mobile Video Coalition, http://www.openmobilevideo.com/ (visited Mar. 6, 2012). 174 See Joseph Palenchar, Dyle’s Mobile DTV Service to Launch on Smartphone, TWICE, Jan. 4, 2012, http://www.twice.com/article/478473-Dyle_s_Mobile_DTV_Service_To_Launch_On_Smartphone.php (visited Mar. 2, 2012). 175 See Electronica, MetroPCS to Offer Phones with ATSC Mobile TV Tuners, MetroPCS will Launch Samsung Moble TV Phone, Jan. 4, 2012, http://www.electronista.com/articles/12/01/04/metropcs.will.launch.samsung.mobile.tv.phone/ (visited Mar. 9, 2012). 176 Amy Gilroy, AT&T CruiseCast Ceases Activations, TWICE, Nov 2, 2009, http://www.twice.com/article/367231-AT_T_CruiseCast_Ceases_Activations.php?nid=2402&source=title&rid=6258981 (visited Nov. 10, 2011). 177 See ICO mim website, http://www.ico.com/mim/ (visited Mar. 8, 2012). 178 See SiriusXM Backseat TV, http://www.siriusxm.com/backseattv (visited Mar. 8, 2012). 1 The Commission issued three notices of inquiry in this proceeding. Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 07-269, Notice of Inquiry, 24 FCC Rcd 750 (2009) (“Notice of Inquiry”); Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 07-269, Supplemental Notice of Inquiry, 24 FCC Rcd 4402 (2009) (“Supplemental Notice of Inquiry”); and Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 07-269, Further Notice of Inquiry, 26 FCC Rcd 14091 (2011) (“Further Notice”). In response to these notices, we received three sets of comments and reply comments. Comments for 2007 and 2008 were due on May 20, 2009 and reply comments were due on June 20, 2009. For 2009, comments were due on July 29, 2009; reply comments were due on August 28, 2009. Additional 2009 and new 2010 comments were due on June 8, 2011 and reply comments for those years were due on July 8, 2011. We refer to each submission by its due date and the acronym as listed in this Appendix. 2 Press Release, comScore, comScore Releases May 2012 U.S. Online Video Rankings (June 18, 2012), http://www.comscore.com/Press_Events/Press_Releases/2012/6/comScore_Releases_May_2012_U.S._Online_Video_Rankings; Press Release, comScore, comScore Releases May 2011 U.S. Online Video Rankings (June 17, 2011), http://www.comscore.com/Press_Events/Press_Releases/2011/6/comScore_Releases_May_2011_U.S._Online_Video_Rankings. 3 Press Release, comScore, comScore Releases May 2012 U.S. Online Video Rankings (June 18, 2012), http://www.comscore.com/Press_Events/Press_Releases/2012/6/comScore_Releases_May_2012_U.S._Online_Video_Rankings; Press Release, comScore, comScore Releases May 2011 U.S. Online Video Rankings (June 17, 2011), http://www.comscore.com/Press_Events/Press_Releases/2011/6/comScore_Releases_May_2011_U.S._Online_Video_Rankings. 4 Press Release, comScore, comScore Releases May 2012 U.S. Online Video Rankings (June 18, 2012), http://www.comscore.com/Press_Events/Press_Releases/2012/6/comScore_Releases_May_2012_U.S._Online_Video_Rankings; Press Release, comScore, comScore Releases May 2010 U.S. Online Video Rankings (June 24, 2010), http://www.comscore.com/Press_Events/Press_Releases/2010/6/comScore_Releases_May_2010_U.S._Online_Video_Rankings. 5 Over-the-top devices allow content to be sent to a device using a broadband connection. Over-the-top technologies include such products as Internet-enabled televisions, media tablets, gaming consoles, digital media adapters, and Blu-ray players and recorders. See Jordan Selburn, Over-the-Top Market Emerges from the Shadows, iSuppli, (Mar. 27, 2012), http://www.isuppli.com/Home-and-Consumer-Electronics/MarketWatch/Pages/Over-the-Top-Market-Emerges-from-the-Shadows.aspx. 6 Id. 7 Id. 8 Janko Roettgers, Netflix Just Became Cable’s Biggest TV Network, NewTeeVee, (Jul. 3, 2012, 10:43 AM), http://gigaom.com/video/netflix-june-one-billion-hours/. 9 Id. 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