[Ip-health] Re: [A2k] Digtial television makers ask FCC to create patent pool for DTV patents, in order to avoid excessive royalities

[George Willingmyre]

This is a matter about which I know a little.  FCC
http://www.gtwassociates.com/answers/fccipr.htm and EPA
http://www.gtwassociates.com/answers/cases/epamandatorypatentlicense.htm
are the only government agencies that have patent policies

Also see "Congressional Testimony & FCC Rulemaking concerning essential
patents in proceeding 87 - 268  in the matter of Advanced Television Systems
and Their Impact upon the existing Television Broadcasting Service" at
http://www.gtwassociates.com/alerts/PatentLicensingforHDTVstandard.doc


Best Regards,

George T. Willingmyre, P.E.
President, GTW Associates
1012 Parrs Ridge Drive
Spencerville, MD 20868 USA
www.gtwassociates.com  1.301.421.4138
----- Original Message -----
From: "James Love" <james.love@keionline.org>
To: "a2k" <a2k@lists.essential.org>; "Ip-health"
<ip-health@lists.essential.org>
Sent: Wednesday, January 07, 2009 10:41 AM
Subject: [A2k] Digtial television makers ask FCC to create patent pool for
DTV patents, in order to avoid excessive royalities


> Thanks to Konstantinos for bringing this to my attention.  Digital
> television manufacturers are asking the FCC to mandate the establishment
> of a patent pool for digital television with open licenses and
> reasonable royalties.    The petition to the FCC focuses on the problems
> of excessive royalties charged by two patent owners, for patents that
> are needed to comply with an FCC standard.
>
> KEI will consider supporting this petition.
>
> Jamie
>
>
> http://www.techweb.com/article/showArticle?articleID=212700600
>
> TV Makers Petition FCC Over DTV Patent Royalties
>
> Law360, New York (January 06, 2009) -- A coalition of television
> manufacturers has petitioned the U.S. Federal Communications Commission
> asking it to take steps to stop patent holders from charging excessive
> license royalties for digital television intellectual property.
>
> In a petition filed Friday with the FCC, a coalition that includes Vizio
> Inc. and Westinghouse Digital Electronics Inc. asked the commission to
> establish licensing pools for DTV patents
>
> PRESS RELEASE OF ONE PARTICIPANT
>
> VIZIO, America's HDTV Company, Vows Support for 'CUT FATT' Effort to
> Reduce Excessive DTV Patent Licensing Fees
>
> PRNewsWire News Releases
> Published: 01/02/09 09:24 PM EST
>
> IRVINE, Calif., Jan. 2 /PRNewswire/ -- VIZIO, America's HDTV Company,
> announced today its support of the Coalition to Terminate Financial
> Abuses of the Television Transmission. VIZIO is petitioning and urging
> the FCC to take action and protect American consumers from excessive
> patent charges for DTV that have already exceeded $1 Billion. The
> coalition, also known as CUT FATT, was formed to protect American
> consumers purchasing televisions from the excessive unregulated patent
> fees, charged by companies claiming to own the patents needed to comply
> with FCC standards for digital televisions (DTV). "At VIZIO we support
> the American consumer, it is our duty to offer them more for their
> money, therefore we support the efforts of the CUT FATT coalition," said
> Laynie Newsome, VIZIO VP, Sales & Marketing Communications and
> Co-Founder. Formed in mid-2008, CUT FATT's mission is to raise awareness
> among Members of Congress and the FCC about the uncontrolled price
> gouging of these patent holders. The petition asks the FCC to hold
> abusive parties responsible for excess charges, and to impose new rules
> for patent licensing to end the overcharging.
>
> (Logo: http://www.newscom.com/cgi-bin/prnh/20060307/LATU014LOGO-b)
>
> Since July 1, 2007, the FCC has required that all televisions sold in
> the U.S. include a digital tuner built to the requirements of the
> Advanced Television Systems Committee (ATSC). Holders of the patents
> needed to meet these government-mandated requirements are demanding that
> American consumers pay between twenty and thirty dollars per television
> for the same patent rights that cost $1 or less in Europe, Japan and
> other parts of the world. It is estimated that in 2008 and 2009 alone,
> the aggregate royalty cost to American consumers will be well over one
> billion dollars for fees that would total only about $65 million in
> Europe and Japan. "Without action now, this abuse could continue for
> many years. We believe that the FCC must declare that any DTV royalty
> demands that exceed comparable international fees are a violation of FCC
> rules. We believe that any patent holder seeking higher fees should be
> required to prove to the FCC that their license fees are reasonable and
> non-discriminatory. We also believe the FCC should initiate a rulemaking
> proceeding in order to create a set of basic rules that apply to the
> licensing of all patents that are required to implement the FCC-mandated
> DTV receiver standards," states Laynie Newsome, VIZIO VP, Sales &
> Marketing Communications and Co-Founder.
>
> "This is the great untold story of the transition to digital
> television," said Amos Snead, spokesman for CUT FATT. "Since 2007,
> American consumers have been paying more than twenty to thirty times
> what consumers in Europe and Japan pay in royalties for basically the
> same technologies. What's worse, patent holders bundle allegedly
> essential technology with worthless patents, jack up the rates, and
> stick consumers with the bill. The FCC created this system, and it's
> time for the FCC to fix it by establishing basic rules that make pricing
> fair and transparent. American consumers are willing to pay a fair rate
> but they are not willing to be victim to uncontrolled price gouging."
>
> With more than 62,000 DTV sets sold every day, the total cost to
> consumers for this rampant overcharging has already vastly exceeded the
> cost of the transition subsidy provided to consumers through the NTIA
> converter box program. Without action by the FCC or Congress, the high
> fees will continue indefinitely.
>
> For more information about CUT FATT contact Amos Snead at
> amos.snead@dittus.com, 202-715-1531 or the VIZIO press contacts below.
>
>
>
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