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Set-Top NPRM Defended

One Commissioner Can Wield Power, Clyburn Says of ICS; Says Set-Top NPRM is Neutral

FCC actions on inmate phone service rates demonstrated the power a single commissioner can wield on the FCC, said Commissioner Mignon Clyburn in an interview for C-SPAN’s The Communicators, scheduled for telecast Saturday. She defended parts of the upcoming set-top box NPRM after shown clips of NCTA CEO Michael Powell slamming it on a recent Communicators episode. Clyburn also backed the Lifeline program.

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And Clyburn described the current FCC as both “more partisan” and more fast-paced than previously. “No one was paying attention to inmate calling until our office stepped up,” Clyburn said. “One of five can make a difference.”

Video visitation, a companion issue to ICS rates, is now being explored by the agency, Clyburn said. The commission is “asking questions” about whether the FCC can tackle that matter as it did inmate voice rates, Clyburn said. Video visitation could best be handled at the state and local level, she said. “This is where true reform happens.” Improving inmate communication avenues with their attorneys and family members could help lower nationwide recidivism rates, she said.

The upcoming set-top NPRM isn't a guarantee of rules being changed, Clyburn said. “We are just having a conversation in an FCC way” to see if changes are warranted, she said. Clyburn declined to indicate her position on the proposal or the related notice of inquiry on programming access, but said she has been contacted by programmers who can’t get DBS and cable carriers to return their calls. Clyburn said the coming proposal differs from the similar, previous AllVid proceeding because it doesn’t specify the set-top device consumers will use. The current proposal is more device neutral and seeks “to let the ecosystem weigh in,” she said. Foes of the proposal, which could make it easier for pay-TV customers to access encrypted TV programming without relying on an MVPD-provided set-top, have equated it with AllVid (see 1602110055).

The FCC will be asking “hard questions” about broadband deployment and “redirecting money” to ensure wider access to broadband, Clyburn said. She said she's hopeful the FCC will take up updating the Lifeline program in the coming months, and that Chairman Tom Wheeler supports it. “I would want it tomorrow,” she said. She said the commission will never be finished trying to address “the digital divide.” The commission should always be “attempting to bridge gaps,” she said.