[opendtv] Re: MVPD Definition

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Fri, 21 Aug 2015 23:50:15 +0000

Craig Birkmaier wrote:

You are certainly entitled to your opinion. But the last time I
checked, Congress had not instructed the FCC to stop enforcing
the laws it passed requiring the FCC to regulate MVPDs and
enforce the program access rules.

The FCC seems perfectly capable of eliminating one archaic rule, the
exclusivity rule. Their attempt to re-create the walled garden MVPD model, over
the Internet that they recently mandated to be neutral, seems totally
illogical. I wonder why this is taking so long to get across?

The rules are related to only two things:

- protection of the market based Broadcast TV system in the U.S.

Different environments require different rules. MVPD rules becomes irrelevant,
when broadcasters/congloms are free to use the Internet, available to everyone,
mandated to be neutral. MVPD rules make sense when the distribution service is
a local monopoly, meaning one single bottleneck that can control what the
citizens in that location have access to. Not the case with the Internet.

- regulation of MVPDs that provide multiple linear streams of
TV content from the content owners. This includes the program
access rules added as competitors to the cable monopoly began
to offer consumers a choice of MVPD provider.

And once again, this angst about "linear streams" is totally misplaced. The
content sources can provide whatever linear or non-linear streams they want,
over the now-neutral Internet. OTT sites can elect to be only one content
owner's site, or aggregation sites. No one needs to force any single model on
anyone anymore, because technology has removed those old limitations. So your
second bullet offers nothing new, and any mention of "linear" is pointless.

The dilemma is that there is a new competitor in town. It is
now possible to deliver the same linear stream MVPD services
over a network that is not owned and operated by the MVPD
service.

That's hardly a "dilemma." It's instead the whole point. MVPD rules may even
soldier on, for luddites who insist on using these proprietary pipes. But it's
patently obvious that the rules are not relevant to a medium mandated to be
neutral. Other rules might apply, but these would be to guarantee neutrality of
the pipe. Not what the owners of content MUST allow the pipe to carry.

Why not just close the FCC and and recover all of the
broadcast spectrum? Let the marketplace fight it out!

No matter what, you need a spectrum manager. "Fight it out" is nonsensical.
Just like you need traffic laws, for the road network to be usable, you need
the spectrum to be allocated for different services and locations, to prevent
interference. So, this is a whole different discussion.

Read the 1992 Cable Act Bert. ...

All irrelevant, Craig. None of those ante-deluvian rules mentioned "linear
stream." None.

The FCC controls communication networks, to varying degrees. Some of these
networks use circuit switching, e.g the telephone network (still more or less
uses circuits). Some use channels, e.g. taxicabs, ham radio operators, military
vehicles, and yes, also radio and TV broadcasters. Some use packet switching,
e.g. the Internet. Some of these networks are mandated to be neutral (e.g.
telephones and Internet), some are allowed to be proprietary.

There is nothing in any of this, or in the verbiage of the 1934 or other
ancient laws, that implies anything unique about "linear streams." It's simply
the misinterpretation of technical realities, by one trade scribe, Craig, and
some FCC lawyers. I'm confident that this apparent fascination with "linear"
will soon be obsoleted by events.

Bert

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