Feinstein Attacks Set-Top Draft Order; Eshoo, Lofgren Rise to Its Defense
Sen. Dianne Feinstein, D-Calif., has “concerns” about the set-top box order circulating from FCC Chairman Tom Wheeler, she told him in a letter Wednesday. The proposal “could adversely impact content providers who rely on heavily-negotiated licensing agreements with paid television…
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providers to ensure that they are fairly compensated for their work,” Feinstein said. “In addition, I am concerned that the proposal may encroach upon the Senate Judiciary Committee’s jurisdiction over copyright law, which establishes content owners’ exclusive protected rights and also provides for certain situations in which a license is compulsory.” She requested the FCC “make public” the draft. Reps. Anna Eshoo, D-Calif., ranking member of the Communications Subcommittee, and Zoe Lofgren, D-Calif., circulated a letter to colleagues urging support for the order and saying they wanted to separate fact from fiction. “On September 29th the FCC will vote on an updated proposal to finally allow consumers to break free from cable box rental fees,” Eshoo and Lofgren said. “This updated proposal reflects significant and constructive public input as required by the Administrative Procedure Act. In fact, it is based on the alternative apps-based framework the industry suggested in this proceeding. We want to set the record straight about this proposal because it is imperative the FCC act without further delay.” The fictions the letter emphasized involved the order’s copyright components. Under the order, “content will be protected in the strongest manner possible” and its “licensing body has no role or authority over any agreements between copyright holders and cable companies,” they said. Public Knowledge President Gene Kimmelman defended the order in a letter sent Wednesday to the leaders of the Commerce and Judiciary committees in both chambers. “Contrary to the claims of Hollywood and cable monopolies, the FCC’s apps proposal will promote consumer choice while protecting copyright,” Kimmelman said, dismissing the concerns raised: “Yet some programmers seem to misunderstand how an apps-based approach would work and are seemingly arguing that, if the FCC follows its duties under the Communications Act, it somehow runs afoul of copyright or control law. This position is legally frivolous, and ignores the details of the Chairman’s proposal.” Talks continue at the FCC on the proposal, set for a vote next week (see 1609220069).