Continuing my essay on the regulatory and technological issues connected with bidirectional cable services and third-party devices like high-definition TiVos…
Dueling proposals
Because the National Cable & Telecommunications Association (NCTA) and the Consumer Electronics Association (CEA) had been unable to reach an agreement on a standard for bidirectional services, the CableCARD 1.0 specification was limited to “unidirectional cable products” (UDCPs). But even after the adoption of that specification, the negotiations didn’t stop; the NCTA and the CEA kept trying (without success) to negotiate a follow-on standard that would encompass bidirectional services.
Meanwhile, CableCARD 1.0 and UDCPs proved to be less than a spectacular success in the marketplace. As of late 2007, CableCARD-based UDCPs numbered only in the hundreds of thousands nationwide, out of tens of millions of cable subscribers. It seemed that consumers found UDCPs less than compelling, and one possible explanation was that they actually did care about interactive services after all.
With the February 2009 digital-TV transition on the horizon, the FCC wanted to resolve these issues so consumers could buy new digital TVs and be sure they would work as expected. In lieu of a negotiated agreement, in late 2005 the FCC asked the NCTA and the CEA to submit separate proposals for a bidirectional standard.
The NCTA was first to respond. Their proposal was a framework called OpenCable, and specifically a technology called the OpenCable Application Platform (OCAP). OCAP is a Java-based middleware layer intended to make applications portable from one cable system to another. Rather than standardizing the protocols used by cable companies to provide interactive services, OCAP provides a translation layer: a standard set of interfaces that smooths out the differences between different proprietary systems.
Under this system, an application like a cable company’s VOD ordering interface would not access the underlying bidirectional protocols directly; instead, it would be developed for the OCAP platform, which would handle all of the low-level interactions. These cable-company OCAP applications would run on any OCAP device – not only on the cable company’s own STBs, but also on third-party devices that conformed to the OCAP specification. In a sense, OCAP defined a virtual STB, a sort of “box within a box” running inside a TV or DVR.
The CEA followed with a very different proposal of their own, a scheme that came to be known as “Digital Cable Ready Plus” (DCR+). Rather than abstracting interactive services through a middleware layer, DCR+ called for a set of standardized interfaces for direct access to those services. They presented this idea as an incremental development of existing standards, essentially adding two-way interfaces to the existing CableCARD 1.0 specification. Rather than using the OCAP middleware to run the cable-company’s interactive applications, a third-party box would run its own applications that used the standard DCR+ interfaces to access interactive services directly.
Having received these two proposals, in June 2007 the FCC publicly solicited comments about their relative merits. There followed a debate carried on in FCC filings, letters, and meetings, a debate that showed clearly how sharply divided the NCTA and the CEA had become.
The case for DCR+
Although the CEA accepted the idea of OCAP for certain high-end interactive services, they felt that it was too heavyweight a solution for low-end devices that required only what they called “basic interactive services.” It should be possible, they argued, to build low-end devices that accessed interactive services like VOD through DCR+, while still having the option of including OCAP for more “advanced” services like games and e-mail.
They also criticized OCAP for limiting the ability of third-party manufacturers to innovate. If every box ran the same cable-company applications and user interface, they argued, how could a third-party device differentiate itself from a cable-company DVR? In an August 2007 filing, TiVo suggested that under such a regime, there would be no point in building a third-party device at all:
[The FCC] must make absolutely clear that CE manufacturers are permitted to build bidirectional cable devices that use the CE manufacturer’s own user interface to display cable programming signals. A standard that ensures such freedom for CE manufacturers with respect to user interfaces would ensure that consumers see the benefit of competitive devices with respect to their functionality and not simply their brand and price. Moreover, without the freedom to design their own user interface, companies like TiVo that have established brand loyalty in large measure because of a superior user interface would be unlikely to build a navigation device with a user interface that did not meet its high standards of usability or did not do justice to its brand image.
Through OCAP, the CEA argued, cable companies would retain too much control over the software and the user interface, which would be inseparable from the services themselves. DCR+, on the other hand, would permit more differentiation between products and freer competition. But they did acknowledge, almost parenthetically, that its implementation “would require some additional development to standardize formats.”
The case for OCAP
The NCTA, for its part, responded to the CEA’s proposal with a filing that pulled no punches:
Some call this the “DCR-plus” solution; it is more aptly called the “consumer-minus” solution…. [T]he CEA DCR+ proposal would disappoint, confuse, and frustrate cable customers…. The DCR+ device would be instantly archaic, unable to receive all of the interactive services offered today by the cable operator, and disabled from accessing new services. Moreover, that solution, while promoted by some CE companies as a whisper away from current standards, is purely vaporware.
Perhaps the strongest criticism of DCR+ was its requirement that existing interactive services offered by cable companies across the nation would all need to be reengineered to conform to the new specifications, all at the expense of the cable industry. “For this,” the NCTA wrote, “CE offers absolutely no assurance (let alone any FCC requirement) that any CE company would ever build a ‘DCR+’ device – or that any consumer would want one if it were built.”
The problem was that the cable industry had not stood still in the years since the approval of the CableCARD 1.0 spec. They had continued developing and deploying new interactive services like VOD and SDV, but with no standard for bidirectional services. DCR+, they argued, “discards all of cable’s work and requires the rapid re-creation, development and deployment of many new inventions” – just so the CE manufacturers would have the option of building devices without OCAP.
Such a process would take years, they argued, leaving no possibility that new bidirectional devices could reach the market in time for the holiday 2008 season (the FCC’s stated goal). In the meantime, all current cable services would have to be frozen in place, awaiting the approval of the new standards; and all subsequent innovation would be slowed by a new standards process. The proposal, wrote the NCTA, was “breathtaking in its intrusiveness into the marketplace.”
The NCTA summed up their position in no uncertain terms:
[T]he CEA proposal offers not even the slightest hope of serving the broadcast digital transition…. CEA still offers no functional specifications, no standards, no intellectual property clearances, no prototypes, and no firm and enforceable commitment by any CE company to build anything that would meet the DCR+ concept. CEA’s proposal is a lobbying tract, not a practical solution.
The NCTA painted a very different picture of OCAP. The OpenCable platform, they explained, was not a mere proposal, not vaporware, but proven technology. Rather than waiting for the FCC to approve OCAP as a standard, the cable industry had already spent years developing and deploying OpenCable and OCAP devices for their own use, and had even licensed OCAP to some third-party consumer electronics manufacturers. More than 100,000 STBs running OCAP were already in the hands of consumers, they said, and major CE manufacturers like Samsung and Panasonic were already bringing OCAP-enabled devices to market.
The NCTA specifically responded to TiVo’s criticisms, saying that TiVo had displayed a “profound misunderstanding” of OCAP. In particular, they emphasized that OCAP was no barrier to innovation by third-party devices, nor did it preclude the use of a TiVo user interface in addition to the “cable experience”:
Manufacturers differentiate their products through a wide variety of features, resources, processing speed, etc. OpenCable adds one more feature to such devices. It does not remove their differentiation.
And in partial response to the CEA’s wish to build “low-end” devices that did not access advanced interactive services, the NCTA positioned the proposed tuning resolver as a way to enable SDV for current UDCPs (like high-definition TiVos). All of this, the NCTA said, could be accomplished in time for the digital-TV transition; but imposition of a standard like DCR+ would make that deadline impossible to meet.
Where we are
With the digital TV transition less than a year away, the FCC still has given no hints about which way it might go. But in the meantime, however, OCAP has continued to make headway.
In particular, TiVo reversed its position. In late 2007, TiVo notified the FCC that in addition to working on the tuning resolver, they had also obtained from the NCTA certain “clarifications or adjustments” to OCAP, and now believed that they could build “a viable retail DVR with OCAP.” Breaking with the CEA, TiVo now offered its endorsement:
We also expressed our belief that this refined version of OCAP was a preferable solution to DCR+ for a variety of reasons, including time-to-market and the ability to received all of cable’s two-way services. Manufacturers, cable companies, and consumers will benefit most from an OCAP-based solution that enables the creation of differentiated retail devices such as TiVo DVRs and allows all of cable’s two-way services to reach the consumer within a reasonable time. In contrast, a DCR+-based solution would take longer to implement and result in devices with more limited functionality that would not enjoy the full support of the cable industry.
TiVo has not announced specific plans for what might become “TiVo Series 4,” but officials have stated publicly that they are actively developing a box using OCAP (now also known as “tru2way,” the cable industry’s new brand name for the OpenCable platform). The OCAP-based TiVo would have two modes: a “TiVo mode,” offering the familiar TiVo user interface and functions (plus SDV compatibility); and a “cable mode,” offering the cable user-interface and access to advanced bidirectional services.
Decisions
And so this is the situation faced by anyone considering a high-definition TiVo in mid-2008. What should one do? I can offer only my opinion.
It is undeniable that today’s CableCARD-based TiVos (the TiVo Series 3 and the TiVo HD) occupy an uncomfortable position between the limited UDCP standard and whatever comes next. No TiVo can access interactive cable services; while that might not matter so much if you don’t care about VOD or PPV, it does matter if your cable company is using SDV.
But the tuning resolver is on the way. It’s anyone’s guess exactly when this device will become available (at the moment, all we have to go on is the original projection of mid-2008). But the tuning resolver is part of the NCTA’s OCAP proposal (though not part of OCAP itself), and represents part of its strategy to demonstrate that it can deploy real solutions in a timely manner. The cable industry and TiVo both have a lot at stake, so it seems reasonably certain that they will deliver. If channels go dark in the meantime because of SDV, that will be annoying, but temporary.
On the other hand, the still-mythical TiVo Series 4 will need no tuning resolver to access SDV channels, and it will also be able to access all of the other interactive services offered by cable companies. We don’t know when such a box might reach the market, but when it does, it will render today’s HD TiVos obsolete.
In the meantime, we wait for a decision from the FCC, which is currently headed by a chairman who is generally regarded as hostile to the cable industry. What will the FCC decide?
I wouldn’t want to guess. But while I claim no expertise, I must admit I find myself largely persuaded by the NCTA’s deconstruction of DCR+; while OCAP is far from ideal, it may be the best we can hope for given the current realities. The fact that TiVo, initially a critic, has now joined the OCAP camp also reassures me that it can be made to work.
While it’s impossible to say what the FCC might decide, I can’t help wondering if it really matters. In the absence of FCC-mandated standards for bidirectional services, the cable industry has voluntarily developed and deployed OCAP, which is now being voluntarily adopted by various consumer-electronics manufacturers (even without CEA endorsement). A (mostly) free-market solution may be emerging despite the FCC’s failure to impose one; and while OCAP has its detractors, it seems unlikely that an FCC-mandated solution would be any better, or any more attainable.
If I had to bet (and in a sense, I already have), I’d bet that the tuning resolver will make SDV a non-issue before too long. And furthermore, I think OCAP is coming, whether the FCC blesses it or not. So in buying a TiVo HD and a lifetime subscription for it, I’m accepting some risks: I’m risking that the SDV solution might not come as soon as I’d like, and I’m risking that an OCAP-based TiVo Series 4 might come along in a year or so and render my new TiVo obsolete.
I decided to take my chances. But if TiVo offers me a deal on an OCAP-compliant Series 4 in a year or two, I’ll probably be getting in line.