NCTA: We'll Sue If FCC Set-Top Box Proposal Stands

National Cable & Telecommunications Association President Michael Powell says his association will sue if the Federal Communications Commission's set-top proposal is adopted. In a press conference with reporters outlining the legal issues NCTA sees with that proposal, Powell said that the FCC has articulated its own vision of a product they want to see created, but one that would illegally re-use cable data and content to promote a third-party service. He said that if the FCC continues along that path, the set-top proposal is not repairable and the association will take it to court.

The FCC has said its proposal does not force cable operators to create a second box, but Powell said that was semantics and that even some of the proponents concede that to meet the FCC's requirements, the cable industry would likely have to design and develop a new piece of equipment in order to make the info available to a third party. He said that the statute empowers the FCC to create competition in navigation devices, not new services.