WASHINGTON—The Motion Picture Association has filed comments with the Federal Communications Commission urging the regulator to adopt a NextGen TV standard that includes DRM encryption.
“As NextGen TV modernizes OTA television through digital, internet-protocol (IP) based broadcasting technology, the inclusion of DRM encryption in NextGen TV broadcasts will help programmers safeguard their content from theft,” the Hollywood studio backed group told the FCC in Jan. 20 comments filed as part of the FCC’s proceedings on the NextGen TV transition.
“MPA agrees with the ATSC 3.0 Security Authority (A3SA) that the incorporation of DRM encryption into NextGen TV signals is critical to ensure their security,” the filing stated. “While DRM encryption is not available under the current broadcast standard, ATSC 1.0, it is regarded as `an essential component of today’s digital landscape,’ and is used by every other major distribution platform across the modern media ecosystem—including cable television and streaming services—to protect content. DRM encryption is a material”
Broadcasters have stated that protecting content against illegal use and piracy is an essential component of the ATSC 3.0 broadcast standard because they will have a hard time securing rights for content and high profile sports without it.
The MPA’s members include Amazon Studios, Netflix Studios, Paramount Pictures Corporation; Sony Pictures Entertainment Inc.; Universal City Studios, Walt Disney Studios Motion Pictures; and Warner Bros. Entertainment who are among the world’s largest producers of film and TV content.
“The exclusion of DRM encryption in any final ATSC 3.0 standard approved by the Commission would continue to limit broadcasters’ ability to compete, threatening the viability of OTA television,” the MPA also noted. “It could also have a significant negative impact across the media ecosystem…Piracy costs MPA’s members billions of dollars annually in lost revenues, which otherwise could be invested in content production, benefiting viewers, supporting jobs, and boosting the national economy. Currently, content piracy that occurs via OTA broadcasting can hinder our members' ability to earn a return on their investment. Without DRM, pirate operators can extract 4K HDR broadcast feeds and resell them globally within minutes. Sports, premium episodic television, and live events are high-value targets for piracy because they air first in broadcast windows and have immediate viewing demand.”
In comments filed with the FCC Public Knowledge and many individual consumers have opposed the DRM provisions in the ATSC 3.0 standard. Opponents argue that encryption would deny them access to free over-the-air signals and that the market is not ready for a firm cutoff of ATSC 1.0 signals.
“A rushed transition under the terms contemplated by the [FCC’s Further Notice of Proposed Rulemaking] would ignore the public interest, jeopardize universal access to broadcasting, and convert what has long been a public service into a platform serving primarily private commercial interests,” Public Knowledge argued. “Instead, the Commission should take a more cautious approach that places consumer protection and universal access at the center of any transition framework.”
That filing also stressed that “the combination of encryption and the elimination of ATSC 1.0 simulcasting will result in blackouts for viewers using general-purpose or legacy receivers…If the Commission eliminates the simulcasting requirement and permits sudden cutoffs while the encryption regime remains in place, viewers without A3SA-certified devices will simply lose access to stations that encrypt their signals. DRM also threatens viewers’ ability to exercise fair use rights protected under copyright law.”
The MPA rebutted those arguments as follows: “Viewers will remain able to access free OTA programming if the ATSC 3.0 standard includes DRM encryption, and the Commission should reject any claims to the contrary. The A3SA’s ATSC 3.0 Security Standard is designed to preserve consumers’ ability to access broadcast programming for free. For example, all A3SA-compliant devices automatically decrypt content and no action, such as individual authorization, subscription, or payment, is required from consumers. From a viewer’s perspective, watching DRM-encrypted content will be as simple as turning on their television.”
“Moreover, DRM encryption is a legally sustainable tool to protect our members’ copyrighted content from piracy,” the group concluded. “Failure to include DRM encryption in the ATSC 3.0 standard would have dangerous consequences for the broadcasting industry, including increased piracy, decreased competition in the video marketplace, and less free, OTA content options for consumers.”
MPA filing is available here:
The Public Knowledge filing is available here.
