NAB: FCC Should Wait for Other Agencies on ATSC 3.0 Patents

The FCC shouldn’t take any action on ATSC 3.0 patents and should at least wait until a proceeding involving more patent-focused federal agencies is resolved, said NAB in a call with Media Bureau staff Thursday, according to an ex parte filing posted Monday in docket 16-142. The International Trade Association, the National Institute of Standards and Technology, and the United States Patent and Trademark Office jointly sought comments in September on U.S. engagement with patents and standards new tech. “The Agencies are seeking stakeholder input on the current state of U.S. firm participation in standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as that relates to the standardization of critical and emerging technologies,” said the Federal Register. The FCC shouldn’t act before that proceeding is complete to “ensure that it does not adopt rules or policies inconsistent with those of expert agencies in the field,” NAB said. Any effort by the FCC to “back into a patent oversight role” would be “virulently hostile to innovation,” said NAB. The FCC “lacks statutory authority to regulate any aspect of the patent marketplace or patent royalties.”