How Set-Top Rules Would ‘Lower the Tide’ for PEG

[Commentary] As the executive director of the public-access center serving Fairfax County (VA), I have been closely following the reaction to the Federal Communications Commission’s proposed set-top box rules and have concern regarding the likely consequences of these rules. Public, educational and government (PEG) access executives and leaders should recognize the need to join the creative unions (SAG, AFTRA, IATSE), the Directors Guild of America, the Communications Workers of America, programming copyright holders (including the major movie studios), the Congressional Black Caucus, the multichannel video programming distributors (MVPDs, or pay-TV) themselves and others in opposing the set-top rules before the FCC issues a final order on this matter.

Yes, the reduction in fees that subscribers currently pay to MVPDs for monthly set-top boxes would have an immediate negative financial impact on those PEG entities that receive a percentage of those fees; however, more importantly, if issued in a final FCC order, these rules would jeopardize the current ability of MVPDs to create the above discussed enhanced customer experiences through new, innovative set-top boxes. That would most likely result in significant damage to the cable industry as a whole, lowering the tide for all involved. The above, coupled with legitimate concerns regarding the ability of third-party set-top boxes to secure copyrighted programming, ad overlays and the utilization of subscriber information obtained via third-party boxes, should cause concern for the very health of the cable industry. Cable provides a unique means for PEG centers to connect with our communities — a unique means of community connection that would be terribly diminished if the industry contracted due to the proposed set-top box rules. To many in the PEG community, at first glance, the proposed “unlock the box” rules appear to be very positive, but there are negative consequences for the PEG creative community should these rules be issued in a final order by the FCC.

[Chuck Peña is executive director of Fairfax Public Access in Fairfax County (VA).]