Monty Tayloe

The recent back and forth in FCC filings between Charter Communications and CEA over acceptable conditions for granting the cable operator’s application for a waiver of CableCARD rules could indicate a decision on the matter is upcoming, several industry observers said. The sides have been trading opposing filings on the company’s request for a CableCARD waiver (CD March 26 p13) so it can deploy downloadable security to set-top boxes. With Julius Genachowski planning to leave as FCC chairman, he may want to grant the waiver before he departs, said some industry officials.

Rulings and pending cases involving rebroadcasting TV over the Internet have huge implications for the TV industry and copyright law, and could be headed for the Supreme Court, said several communications attorneys at an FCBA event Wednesday night. On Monday, the 2nd U.S. Circuit Court of Appeals upheld a lower court decision denying broadcasters a preliminary injunction against Aereo, which lets customers watch New York City-area TV broadcasts online by leasing them personal DVRs and antennas (CD April 2 p8). However, in December, a similar injunction against a competing Internet TV company called Aereokiller was upheld in U.S. District Court in Los Angeles.

But the notice isn’t likely to lead to policy change any time soon, Liberman said. He said that’s especially since the notice came a week after FCC Chairman Julius Genachowski announced his upcoming departure. “It’s a hot potato,” and an interim chairman is unlikely to do anything substantive with the issue, Liberman said. “There are a lot of things that you can do to make it look like you're doing something without doing anything."