Things
haven’t quite worked out that way. The retail market
for the boxes has failed to materialize, and the
cable industry has filed numerous appeals and continued
to press a furious lobbying and public relations
campaign to make sure it never does, foes say.
Come
July 1, the gloves come off. After two years of
deadline extensions, that’s when the Federal Communications
Commission will require cable companies to make
hardware changes in all new set‑top boxes
that it hopes will lead to a competitive market.
At
the center of this melee is FCC Chairman Kevin Martin,
who has opposed cable’s requests for another delay.
He sees set‑top boxes going the way of the
black rotary‑dial telephone that consumers
once rented from the phone company.
When
the government opened that market, it “led to more
innovation and lower prices and better quality phones,”
he said. “I think the same thing can be true in
this (cable box) market as well.”
The
cable industry disagrees. David Cohen, executive
vice president of cable giant Comcast Corp. in Philadelphia
and its top political liaison, said consumers won’t
benefit from the change.
“I’m
not sure it’s a piece of technology a consumer needs
to own or wants to own,” he said. Once a newer set‑top
box comes out, “Circuit City won’t take their old
box and give them a refund to get a new model.
They
have to buy a new box to get the newest and fanciest
up‑graded technology.”
The
FCC rules will only affect customers with digital
cable, a population that has grown steadily. For
the first time last year, there were more digital
cable subscribers than analog, according to the
National Cable & Telecommunications Association,
the cable trade group.
Of
about 65 million cable households nationwide, 33
million have digital cable.
To
jump‑start competition, the cable industry
will be required to separate the security function
inside their digital set‑top boxes –the hardware
that ensures customers can only view channels they
are paying for–from the navigation function, which
is basically the channel changer.
The
Telecommunications Act of 1996 included a grab bag
of provisions that were meant to spark
competition and limit regulation in nearly every
area of the industry. The set‑top box provision
was no exception.
The
law ordered the FCC to “adopt regulations to assure
the commercial availability to consumers” of “converter
boxes, interactive communications equipment, and
other equipment” used to access multichannel video
programming such as cable. On June 11, 1998, the
agency adopted a two‑phase plan to do just
that.
Set‑top
boxes distributed by cable companies today contain
both security and navigation functions.
In the first phase of the plan, the FCC ordered
the industry to make the security function separately
available by July 1, 2000.
That
led to the development of the “cable card.”
The
credit card‑sized devices house the de‑scrambling
function and plug into competing boxes, such as
the new TiVo Series3, and digital cable‑ready
televisions, which have a card slot.
So
far, there’s been little competition in the market
of set‑top boxes. Only about 260,000 cable
cards have been deployed, according to the NCTA.
And they don’t always work very well.
The
second phase begins July 1, when cable providers
are banned from providing new boxes that integrate
both the security and navigation functions. Existing
subscribers can continue to rent their current boxes.
The
new boxes will have to use the same cable card technology
as the competition. The FCC is hoping that forcing
cable companies to do that will motivate them to
make sure the cards work like they’re supposed to.
The agency hopes it will eliminate some of the problems
that have faced customers
like Ken Hornstein, a 36‑year‑old computer
programmer from Vienna, Va.
Hornstein
rents two cable cards so he can record one show
on his TiVo while watching another. But he says
one card malfunctioned after installation, requiring
a second technician to visit him at home to replace
it. The new card stopped working after a month or
two, and had to be replaced again. Hornstein said
technicians didn’t seem to know much about cable
cards.
“It
wouldn’t decrypt anything, wouldn’t tune any channels,”
he said. The technicians “don’t expect to see cable
cards. If they were used to seeing cable cards we
wouldn’t have that problem.”
Once
cable companies have to use the same security technology
as their competitors, the hope is that they’ll suffer
fewer problems because it will be in the cable companies’
interest to keep them free of glitches.
The
cable industry says the new rule will cost it $600
million more a year for new boxes, an expense that
will be passed along to customers. One competitor
says that figure is vastly overblown.
Cable
operators also say customers would rather rent their
boxes rather than shell out hundreds of dollars
to buy them, according to Dallas Clement, senior
vice president of product management at Cox Communications
Inc.
“Is
there really a market for these? TiVo is $800 and
$13 a month for a two‑tuner high‑definition
digital video recorder,” he said. “Us, they pay
nothing up front and it’s a $10 monthly lease.”
TiVo,
which is now offering a $200 rebate for the Series3,
argues that its interface and features are superior
to those on digital video recorders offered by cable
companies.
The
dispute between cable and the FCC has been sharper
since Martin became FCC chairman in 2005. But one
thing they both agree on is that there is an alternative
that makes more sense.
A
technology dubbed “downloadable security” would
let cable companies send the security function
directly to a computer chip in specially enabled
TV or other devices, eliminating the need for cable
cards or a box.
“I
think that kind of a technology is probably feasible
and is definitely preferable from a consumer perspective,”
the FCC’s Martin said. “And I think that would be
a better result for consumers than having to worry
about trying to get a cable card.”
The
problem, he said, has been getting a commitment
from the cable industry.
“I
think that downloadable security would have been
preferable if we could have actually gotten a commitment
by when this would have been rolled out–a commitment
with penalties if the cable industry failed to meet
that deadline,” Martin said.
Kyle
McSlarrow, chief executive of the NCTA, said the
FCC requirement has delayed work on the software
solution.
“Candidly,
a lot of that work has been put on hold. There’s
so much focus now on complying with the integration
ban by July 1,” he said.
Gary
Shapiro, CEO of the Consumer Electronics Association,
doesn’t buy that argument.
“They’ve
had 10 years to solve this problem,” he said. “Consumers
want a retail marketplace. Retailers want to sell
it. Manufacturers want to make it. The cable industry
is doing everything they can to preserve their monopoly
profits on set‑top boxes.”
Even
with the change, the cable industry will still have
a distinct advantage over competitors. Unlike the
cable company’s set‑top box, televisions with
cable card slots sold at retail and other devices
still won’t be able to do interactive functions
like deliver on‑demand and pay‑per‑view
programming.
An
agreement has yet to be reached between cable and
consumer electronics makers on technical standards
for interactive technology. The digital cable‑ready
TVs now in circulation can receive but not transmit
data, creating a one‑way street that limits
their appeal to consumers.
Some
cable companies have struck agreements individually
with manufacturers like Samsung Electronics America.
Samsung
is testing a two‑way digital TV in Milwaukee
with Time Warner Cable Inc. but a wider rollout
of similar models won’t be available until next
year, said Stephen Goldstein, director of business
development at Samsung Electronics America.
Martin
said the FCC is debating a petition filed by the
consumer electronics companies, including Sony,
asking for the next step to ensure that two‑way
technology will come to pass.
“We’ll
try to move forward on it in a timely basis,” he
said. “We’re trying to get this first deadline in
place first.”
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