WHEREAS, consumers are benefiting from an explosion of video content and ways to consume that content as never before; and,

WHEREAS, the current video environment and ecosystem are often referred to as The Golden Age of Television; and,

WHEREAS, Multichannel Video Programming Distributors (MVPDs) distribute content in a variety of ways, including traditionally, the use of a set-top box that provides a host of security and regulatory features, and to an ever increasing degree through an app based environment; and,

WHEREAS, there have been over 56 million MVPD app downloads to iOS and Android devices, and MVPD apps are now available on more than 460 million retail devices – more than twice the number of set-top boxes currently in use; and,

WHEREAS, apps allow mobility content availability as never before; and,

WHEREAS, the current video ecosystem, both with respect to set-top box and app based content delivery, incorporates numerous licensing, regulatory and copyright rights, obligations and restrictions; and,

WHEREAS, the current video ecosystem benefits rights holders and content creators including independent and diverse programmers since MVPDs must negotiate for the right to distribute content and compensate the rights holders; and,

WHEREAS, the current video ecosystem protects the privacy of users; and,

WHEREAS, the FCC recently issued a Notice of Proposed Rulemaking that would require MVPDs to, among other requirements, transmit the information streams without compensation to third party devices in an effort to “create a competitive set-top box market”; and,

WHEREAS, the FCC’s new set-top box mandate would impose new costs that would likely be borne by consumers if MVPDs are required to re-architect their networks and consumers are required to use a second device; and,

WHEREAS, many content creators say the FCC new set-top box mandate would undermine the current copyright and licensing regimes and the rights of content creators; and,

WHEREAS, the FCC’s new set-top box mandate could undermine consumer privacy as Title VI privacy protections would not apply to third parties and third party devices; and,

WHEREAS, the FCC’s new set-top box mandate would create new opportunities for piracy and theft of content if the security protections built into today’s devices and apps are not mandated by new third-party devices; and,

WHEREAS, over 150 members of Congress from both sides of the aisle have written to the FCC opposing the set-top box mandate;

NOW, THEREFORE LET IT BE RESOLVED, that the American Legislative Exchange Council recognizes the well-functioning video ecosystem; and,

BE IT FURTHER RESOLVED, that the American Legislative Exchange Council recognizes the importance of the existing copyright and licensing regimes, the protection of consumer privacy and opposes government mandates; and,

BE IT FURTHER RESOLVED, that this resolution be forwarded to Members of Congress, the Administration, and the Federal Communications Commission in opposition to its proposed set-top box mandate rules.