Chairman Wheeler’s Shell Game With Set-Top Box Rules

[Commentary] Federal Communications Commission Chairman Tom Wheeler has served up a “compromise” rule on set-top boxes. After the original proposal was met with overwhelming opposition, Chairman Wheeler retreated and reconfigured a new version of the same old rule. Much like the dealer in three-card monte, Chairman Wheeler has changed the game to appear responsive to the players when, in fact, he still holds the “money card.” It seems Chairman Wheeler has the same problem as President Barack Obama when presented a choice to sacrifice existing industries with proven track records in favor of newer, sexier and techier entrants. Broadcasters, cable and telecommunication companies have been on the losing end of many of Chairman Wheeler’s most significant rules, as opposed to tech. And this has led to criticism of an anti-business — or at least anti-incumbent — bias.

When it comes to the rules on set-top boxes, the growing chorus of content creators, distributors, programmers, advertisers, manufacturers, copyright and privacy advocates deserve a straight answer responsive to their demonstrably legitimate concerns. The Chairman has all the cards in hand to toss out a compromise that will allow every player in the set-top game to walk away from the table a winner.

[Adonis Hoffman is chairman of Business in the Public Interest and an adjunct professor at Georgetown University. He is the former chief of staff and senior legal advisor to FCC Commissioner Mignon Clyburn.]