Gateway Devices for TVs

Recommendation #12

FCC Chapter: 4.12

Status: In progress

The Federal Communications Commission should initiate a proceeding to ensure that all multichannel video programming distributors (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 following key principles apply:

• A gateway device should be simple and inexpensive, both for MVPDs and consumers. It should be equipped with only those components and functionality required to perform network-specific functions and translate them into open, standard protocols. The device should not support any other functionality or components.
• A gateway device should allow consumer electronics manufacturers to develop, sell and support network-neutral devices that access content from the network independently from MVPDs or any third parties. Specifically, third-party manufacturers should not be limited in their ability to innovate in the user interface of their devices by MVPD requirements.
• User-interface innovation is an important element for differentiating products in the consumer electronics market and for achieving the objectives of Section 629.

To ensure a competitive market for set-top boxes, the open gateway device should:

• Use open, published standards for discovering, signaling, authenticating and communicating with retail devices.
• Allow retail devices to access all MVPD content and services to which a customer has subscribed and to display the content and services without restrictions or requirments on the device's user interface or functions and without degradation in quality (e.g., due to transcoding).
• Not require restrictive licensing, disclosure or certification. Any criterion should apply equally to retail and operator-supplied devices. Any intellectual property should be available to all parties at a low cost and on reasonable and non-discriminatory terms.
• Pass video content through to retail devices with existing copy protection flags from the MVPD.

The FCC should establish interim milestones to ensure that the development and deployment of a gateway device or equivalent functionality remains on track.

The FCC should determine appropriate enforcement mechanisms for MVPDs that, as of Dec. 31, 2012, have not begun deploying gateway device functionality in all new subscriber homes and in all homes requiring replacement set-top boxes.

Enforcement mechanisms would be determined with public input as part of the rulemaking proceeding. (They could include, for example, issuing fines against non-compliant operators or denying extensions of certain CableCARD waivers like those granted for Digital Transport Adapters (DTAs).)

The FCC could also reach agreements with operators to provide set-top boxes for free to new customers until a gateway device is deployed.

The FCC should establish up front the criteria for the enforcement mechanisms. (The FCC may want, for instance, to grant small operators more time to deploy the gateway device to take account of unique operational or financial circumstances.