Set-Top Item Could Stall; Negotiations Ongoing
Though FCC officials say negotiation on the set-top box draft order is ongoing, some industry officials following the proceeding told us they believe the item could be indefinitely stalled if Commissioner Jessica Rosenworcel chooses not to vote. The precursor proceeding to the current set-top plan, AllVid, stalled on circulation (see 1108100074), and that could happen to the current plan, industry officials told us. The set-top item remains on circulation, and has received a vote from Chairman Tom Wheeler, an FCC spokeswoman told us.
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An FCC official said Rosenworcel's office has been in “active discussion” with Wheeler's office and others in the FCC about the order. Rosenworcel is trying to move the proceeding forward, the official said. The FCC spokeswoman told us negotiations on the set-top item are ongoing. Industry officials had said they didn't believe Rosenworcel has yet asked for specific concessions on the item to secure her vote.
Since the item can't move forward without Rosenworcel's vote, there's no need for her to ask for concessions, one industry executive following the proceeding told us -- the ball is in Wheeler's court, he said. If the item is changed to eliminate the FCC oversight provisions that Rosenworcel objected to, it would be a win for her, the official said. If the item doesn't change and she doesn't vote, the item's remaining frozen in circulation would likely be viewed as a favorable outcome by multichannel video programming distributors, programmers, and the numerous legislators who have criticized the FCC plan, industry officials told us.
The precursor preceding, AllVid, was left on circulation and never voted under then-Chairman Julius Genachowski. Though some MVPD industry officials said that could happen to the current set-top plan, other MVPD industry officials believe Wheeler has put too much effort into the proceeding to let it die. They believe Rosenworcel and Wheeler will reach some sort of understanding.
Rosenworcel, Wheeler and Commissioner Mignon Clyburn committed in a statement at the Sept. 29 commissioner meeting (see 1609290076) to working out the details, said Public Knowledge Vice President-Government Affairs Chris Lewis. The set-top item was pulled from that meeting. The FCC spokeswoman also pointed to that statement after being asked if the set-top item could be stalled indefinitely. “We are still working to resolve the remaining technical and legal issues and we are committed to unlocking the set-top box for consumers across this country,” the commissioners said. There's a “statutory mandate” to complete the proceeding, Lewis said. “No is not an answer.”