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"Set-Top" / debate over open interfaces
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TAXPAYER ASSETS PROJECT - INFORMATION POLICY NOTE
"Set-Top" box debate and open interfaces
July 20, 1994
- Fight looms over very important "open-interface" issue for
new network services.
- Industry/citizen group coalition asks Senator Hollings to
support language in S. 1822 which directs the FCC to conduct
an inquiry to determine how to provide for open architecture
and competition in "critical interfaces" for new video
dialtone and interactive networks. So called open "set-top"
language was included in legislation which has already
passed the House of Representatives (Section 405 of HR
3626).
- Microsoft and other companies said to seek changes in House
language, significantly weakening the mandate for open-
interface.
- Citizens urged to send fax (202/224-3573) or email to
Senator Hollings regarding open-interface issue. (email
sent to set-top@tap.org will be copied and delivered to
Senate Hollings and other members of the subcommittee.
Persons sending faxes directly are encouraged to copy TAP or
Sun Microsystems) .
- Senate Mark-up on bill will occur very soon.
BACKGROUND
Earlier this year the House of Representatives held hearings on
the pending re-write of the Communications Act of 1934. Sun
Microsystems told the House Subcommittee on Telecommunications
and Finance that Congress needs to enact legislation that
requires competition for the hardware and software used in the
interface for the new high bandwidth networks being deployed as
cable and video dialtone systems.
Sun Microsystems argued that the so called "set top" box for the
new interactive networks would really be a computer, and that the
telephone and cable companies which were going to own the
connections to homes were resisting efforts to allow competition
for the customer premise devices that would be used to navigate
the new information highway.
Sun also made a very well received presentation to the
Telecommunications Policy Roundtable (TPR), and attended a
follow-up meeting to consider the set-top box issue. Andy
Schwartzman from the Media Access Project (MAP) was asked to work
with Sun to draft language that would direct the FCC to require
competition for the "set-top" and other user interfaces.
Representative Ed Markey (D-MA) wrote very detailed provisions
into HR 3636 (now Section 405, HR 3626) requiring the FCC to
study open interfaces issues, and determine how to require
telephone and cable companies to provide for competition and
interoperability for the "set-top" and other interfaces. Sun
Microsystems, the Media Access Project (MAP) , People for the
American Way (PFAW) , Consumer Federation of America (CFA), TAP
and a number of other industry and citizen groups supported the
Markey language.
General Instruments (GI), Microsoft, and cable and telephone
companies have reportedly asked that the Markey provision be
modified in a number of important areas. A proposal now
circulating to Senate staff that is supported by the Business
Software Alliance (BSA) and the Alliance to Promote Software
Innovation (APSI), reportedly pushed by Microsoft, would make a
number of changes in the Markey proposal, such as eliminating the
world interoperability where ever it appears, striking a section
which singles out "set-top boxes and other interactive
communications devices" as a "critical gateway between American
homes and business and advanced telecommunications and video
programming networks," and changing the emphasis from the need
for competition in the interface itself to a study of third party
outsourcing of devices and hardware, a step which falls short of
the goal of giving the consumer the power to choose between
competing users interfaces at the software level. General
Instruments, a maker of cable set-top boxes, also wants to make
changes in the Markey language.
The issue is very important because the user interface for the
new broadband networks will include mechanisms for making
financial transactions, sorting and filtering programming
offerings, and generally controlling information flows.
Microsoft, Apple, General Instruments and other companies are
reportedly seeking deals with cable and telephone companies to
provide the software and hardware for the user interface.
The hotly contested issue is who will choose the interface - the
consumers or the telephone and cable companies who own the
network connections? We want the consumers to decide, just as
consumers now choose between various software interfaces for
Internet access. If consumers choose, we expected a richer
diversity of choices, and a greater emphasis on computing power,
choice and privacy, than if the "set-top" device is subject to
manipulation and control by the telephone or cable companies.
Persons who think this is an important issue should fax or email
their comments to Senator Hollings as soon as possible. The key
staffer is John Windhausen, who works for the Senate Commerce
Committee. Faxes to Senator Hollings at (202/224-3573) should
include an Att: John Windhausen. Email sent to set-top@tap.org
will be copied and delivered to John Windhausen, Hollings, and
other members on the Senator Commerce Committee. Mark-up is
expected soon.
for more information:
Christine Owens - Sun Microsystems, voice: 202-326-7521; fax:
202/326-7525
internet: christine.owens@east.sun.com
Jamie Love, TAP, voice: 202/387-8030; fax 202/234-5176
internet: jamie@tap.org
Andy Schwartzman, Media Access Project, voice: 202/232-4300
internet: andys@essential.org
Jim Halpert, People for the American Way, voice 202/467-2393
A copy of the letter follows:
-------------------------
The following is a copy of a letter was sent to Senator Hollings
and all members of the Senate Commerce Committee.
July 19, 1994
The Honorable Ernest Hollings
Chairman
Senate Commerce, Science and Transportation Committee
125 Russell Senate Office Building
Washington, D.C. 20510
by fax: 202/224-3573
Dear Chairman Hollings:
We understand that you may be considering adding a "set-top box"
provision to your Chairman's mark of the Communications Act of
1994 (S. 1822). If such a provision or amendment is considered,
the undersigned companies and organizations wish to express
concern about some of the proposals being considered, and instead
convey our support for the language in Section 405 of HR 3626 as
it was passed by the House.
The House language correctly identifies interoperability as a
critical factor to the success of the NII. Furthermore, we feel
Congressman Markey and his staff created a very workable
compromise between the various interested parties.
Everyone seems to agree that the convergence of digital
technologies and the development of new and innovative networking
technologies have the potential to produce amazing results which
will greatly benefit our nation. At the same time,
interoperability and accessibility must be actively pursued if we
are to fully realize the benefits of these developments. For
this reason, we would oppose any changes that would attempt to
restrict the FCC's ability to study these issues and make
recommendations.
The FCC study envisioned by the House language is aimed at both
identifying and preventing potential bottle-necks and obstacles
to interoperability that could thwart the goals of diversity,
competition and technological innovation. We feel such a study
is warranted and will help to ensure broad access to the NII. We
also support the House approved language because it portrays
government as a catalyst to network developments, while
acknowledging that industry will need to lead the effort.
We applaud your efforts to pass telecommunications reform this
year because we share your belief that the public interest is
best served when maximum competition and consumer choice exist in
the market place. If a "set-top box" provision is to be added to
the Senate bill, we urge you to refer to the House approved
language. If the House approved language is unacceptable to the
Committee, than we voice serious reservations about the inclusion
of a "set-top box" provision.
Sincerely,
INDUSTRY GROUPS
Accolade, Inc.
Amdahl Corporation
Bull HN Information Systems, Inc.
Computer and Communications Industry Association
Oracle Corporation
Software Entrepreneurs Forum
Software Industries Coalition
Storage Technology Corporation
Sun Microsystems, Inc.
3Com Corporation
CITIZEN GROUPS
Center for Study of Responsive Law/TAP
Media Access Project
People for the American Way
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