Set-Tops: ANA Calls FCC App Licensing Regime 'Draconian'

Says commission should not be arbiter of contract terms

The Association of National Advertisers says the FCC's new set-top box proposal, and its app licensing body, is "intrusive" and "draconian."

That came in a blog post this week on the ANA web site.

ANA met with FCC officials to talk about the impacts of that proposal on their members.

Related: NAB Advises FCC to Stay Out of Licensing

As are many others, ANA has issues with the FCC getting in the middle of its "carefully-crafted" agreements with MVPDs, including on ad placement and compensation terms.

"[T]he FCC sees itself as the arbiter of such agreements and intends to take enforcement action against discriminatory or unreasonable behavior in apps’ implementation," ANA said. But ANA argues that the Copyright Office needs to be the one protecting creative interests, and the Justice Department and Federal Trade Commission the ones to challenge anticompetitive behavior.

The FCC is proposing to monitor the app contracts for reasonableness and competitiveness.

ANA also says one thing the FCC needs to insure is that any third party navigation device provider is subject to the same contractual obligations and terms of the original program providers as it relates to advertising.

FCC Chairman Tom Wheeler plans on voting on his set-top proposal Sept. 29.