Consumer Group Aims To Lower TV Costs
FCC Asked to Revise Rules For Digital TV Patent Licenses

By Kim Hart
Washington Post Staff Writer

Friday, January 2, 2009; E07

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/01/AR2009010101789_pf.html


A consumer advocacy group plans to file a petition today with the 
Federal Communications Commission in a bid to reduce the costs of 
digital TV sets.

The petition asks the FCC to revise its rules for digital television 
patent licenses, arguing that TV manufacturers are charged too much to 
use the technology, which in turn causes prices for digital TV sets to 
balloon.

U.S. television buyers pay about $30 more per digital set than consumers 
in other countries, according to an ad hoc group called the Coalition 
United to Terminate Financial Abuses of the Television Transition, or 
CUTFATT. That's because electronics makers are being overcharged to use 
the intellectual property for digital tuners and other parts in TVs and 
converter boxes, the coalition said, and that price is passed on to the 
consumers.

"The costs hit the poorest Americans the hardest and place hugely 
disproportionate burdens on Americans that rely on free over-the-air 
broadcasting to watch television," the coalition said in its petition.

Digital TVs first hit store shelves in 1998 after the FCC approved 
American standards for the technology. But with price tags above 
$10,000, most were too expensive for average TV watchers. Prices have 
since fallen dramatically, and many consumers are buying digital sets to 
prepare for the nationwide transition to digital TV on Feb. 17, after 
which analog sets will not work without a converter box.

Americans are expected to buy more than 45 million digital TVs during 
2008 and 2009, according to the Consumer Electronics Association. 
CUTFATT, which was formed to raise awareness in Congress and the FCC 
about the patent licenses, says consumers will be overcharged by more 
than $1 billion during that period.

On Monday, the coalition plans to file a formal complaint against a 
number of companies, that, according to the group, demand 
higher-than-necessary royalties for use of digital television patents.

"American consumers are paying higher prices for digital TV sets and 
converter boxes and we think someone should stand up for them," said 
Amos Snead, spokesman for CUTFATT. "We're not asking the FCC for price 
controls, what we're asking for is transparency."

The coalition wants the FCC to require patent holders who charge high 
fees to prove that their license fees are reasonable. It also wants the 
FCC to create basic rules for licensing of patents to prevent possible 
price gouging, Snead said.

In April, Sen. John F. Kerry (D-Mass.) asked FCC Chairman Kevin J. 
Martin which patents are essential for manufacturers to make and sell 
digital TVs and which companies own them. Martin responded that at least 
16 groups license such patents on behalf of companies including GE, 
Hitachi, Samsung, LG Electronics, Sharp and Alcatel Lucent.

But Martin said the agency does not keep track of the amounts they 
charge for patent licenses "because those licenses are business 
arrangements that are negotiated on a case-by-case basis."

CUTFATT has asked the FCC to adopt a "patent-pool" system such as the 
ones in Europe and Asia, which allow TV manufacturers to pay a flat rate 
of about $1 per set for the rights to all the necessary patents. In the 
United States, the group said, manufacturers are charged $20 to $30 for 
the needed licenses.

Europe and Asia have adopted different standards for the digital technology.

Martin said the FCC tried to avoid regulatory intervention when the 
digital TV standard was adopted in 1996 because it was a nascent 
technology. He said the commission was aware of issues regarding access 
to patent rights and will take "appropriate action if a future problem 
is brought to its attention."

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204 
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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