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FCC's SOC review not so expedited after all - June 23, 2008

Dealing at least a minor blow to the MPAA's efforts to rush through a change in the rules regarding the use of selectable output controls (SOC) by cable operators, the FCC on Friday extended the filing deadline for public comments on the studios' petition to July 21. The extension had been sought by the National Assn. of Theatre Owners in a letter to the commission last week, saying it needed more time to consider the implications of a rule change before it filed formal comments with the agency. In a public notice issued Friday, the FCC said, "Given the importance of the issues in this proceeding and in the interest of encouraging public dialogue regarding these issues...we believe that grant of NATO’s request is necessary to facilitate the development of a full record."

The FCC had originally granted the MPAA's request for "expedited review" of its petition, which set the comment period at 20 days rather than the typical 45. The original filing deadline was June 25. In its petition, the MPAA said a waiver of the SOC rules would allow the studios to offer high-def movies via video-on-demand ahead of their release on DVD. The studios said they would only make such "high-value content" available in an early window, however, if they could prevent copying by turning off unprotected outputs on cable set-top boxes.

The studios request for expedited review suggested that someone in Hollywood was anxious to get on with opening the new high-def VOD window. Either that or the MPAA was hoping to ram through the change before anyone could organize opposition. The FCC's sudden interest in developing a "full record" on the issue (i.e. one a court can chew on in the event of challenges to the FCC's eventual rules) suggests that train just ran out of steam.

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