The CableCARD encoding rules struck down in the...
The CableCARD encoding rules struck down in the EchoStar decision were unnecessary, and it’s “beyond the FCC’s authority” to reinstate them, said MPAA in reply comments (http://bit.ly/1a8y6au) filed in response to TiVo’s petition (http://bit.ly/12VRaS) to restore the rules. “The current…
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dynamic marketplace for video delivery demonstrates MPAA’s long-standing contention that encoding rules are not necessary to fulfill the FCC’s statutory obligations or to promote the public interest.” TiVo hasn’t shown evidence that consumers are harmed by the lack of encoding rules, said MPAA. “There is no evidence on the record that encoding rules have any demonstrable effect on the commercial market for navigation devices or are necessary to sustain a commercial market for such devices.” Since the EchoStar ruling by the U.S. Court of Appeals for the D.C. Circuit found that the encoding rules aren’t necessary to assure the availability of CableCARDs, the FCC doesn’t have the authority to reinstate them, said MPAA. “The record demonstrates that the FCC lacks jurisdiction to re-impose encoding rules."