I have filed reply comments in the CUT FATT proceeding (09-23).  Excerpt from the executive summary:

“The Commission’s request for comments has brought mostly highly critical opposing comments from patent holders, and mostly mild or ambivalent comments from standards groups and other interested parties. Only one commenter, Harris Corporation, themselves an acknowledged recipient of the sort of licensing practices for which the CUT FATT petition seeks redress, takes a direct stance in favor of the spirit of the petition. Perhaps more comments will surface.

There is more to this topic, however, and a different perspective ought to be aired and considered. Public standards require public accountability. America pays more for less in DTV standards. Current DTV licensing practices are not working. The FCC should engage more, not less, in standards.

These reply comments, generally supportive of the CUT FATT petition but in some ways encouraging of an even broader consideration, endeavor to provide information and reasoning that highlight concerns raised by the CUT FATT petition and request that the Commission look more, and more deeply, into these matters. Perhaps one beneficial outcome of the CUT FATT petition, beyond worthy immediate redress, might be to reawaken competitive juices and inspire a needed serious look to the future of digital TV and broadband in the network age.”

Table of contents is below, the full filing is available here, all filed comments are available at the FCC site here (enter 09-23 as the proceeding).

EXECUTIVE SUMMARY
BACKGROUND
A. DTV Licensing Practices Have Undermined American Competitiveness
B. Petition Proposals are Modest; Commission Should Consider Doing More
C. Commission Should Become More, Not Less, Engaged in Standards
DISCUSSION
I. PUBLIC STANDARDS REQUIRE PUBLIC ACCOUNTABILITY
A. Guidelines and Antitrust Waivers Developed for Private, Voluntary Activities Are Not Sufficient to Protect Public Standards
B. Petition Proposals are Modest Compared to Global Best Practices
C. It is Unreasonable and Potentially Discriminatory to Shield DTV Licensing Terms Behind Claims of Private Business Confidentiality
II. AMERICA PAYS MORE FOR LESS IN DTV STANDARDS
A. Patent Overcharging Has Made US DTV Globally Uncompetitive
B. DTV Licensing Practices Have Put America in “Perpetual Catch-up”
C. Commission Should Look Beyond Suspect Appeals to American Pride to a Level Global Playing Field
III. CURRENT DTV LICENSING PRACTICES ARE NOT WORKING
A. Eleven Years is an Unreasonable Amount of Time to Establish the ATSC Patent Pool, and the Surrounding Circumstances Raise Concern
B. DTV Licensing Practices Have Caused Policy Concern Around the World, and Governments Have Stepped In
C. “Multi-Dipping” and Other DTV Licensing Gambits are Unreasonable and Discriminatory
D. DTV Licensing Practices Have Stifled Access to Public Domain and Free Technology
E. DTV Licensing Practices Are Unnecessarily Prolonging Pool Lifespans Through Questionable Tactics
IV. FCC SHOULD ENGAGE MORE, NOT LESS, IN STANDARDS
A. Commenters Propose No Specific Innovation Or Other Compelling Need To Justify Continuing Current DTV Licensing Practices
B. DTV Licensing Practices Threaten to Undermine Broadband Policy
C. Our Network Age Needs Greater Policy Engagement in Standards
D. Commission Has, and Should Improve, Standards Competency
E. Commission Should Consider Going Beyond Petition Proposals
F. Commission Should Promote Transparency, A Level Global Playing Field, Open Value Chains, Ex Ante Disclosure, Proactive IP Analysis and a Preference for Royalty-Free
CONCLUSION