FCC Chairman Response to Rep. Pompeo Regarding Advanced Television Systems Committee (ATSC) Patent Pool

On Oct. 27, 2014, Rep Mike Pompeo (R-KS) wrote to Federal Communications Commission Chairman Tom Wheeler requesting information on what oversight the FCC has carried out in regards to how the Advanced Television Systems Committee patent pool fee is being set and expressing his concern of abuse by this monopoly and the negative effects it has on consumers.

On November 26, 2014, Chairman Wheeler responded in a letter, saying in January 2009, the FCC received a Petition for Rulemaking and a Request for Declaratory Ruling regarding the licensing fees for patents related to the DTV standard. The FCC sought comment on the Petition in February 2009. At the time the Petition was filed, there also were pending cases in federal courts and agencies that raised similar RAND issues for licensing terms. Those other venues -- including the Patent and Trademark Office and the International Trade Commission -- are viable options for entities seeking resolution of patent fee issues. Chairman Wheeler also offered potential reasons for some of the difference in fees between the various countries, which Rep Pompeo alluded to in his letter.