ATSC 3.0 Digital Rights Management: A Consumer Crisis in the Making
An investigation into how encryption threatens the future of free television
Executive Summary
The broadcast television industry's implementation of digital rights management (DRM) encryption in the ATSC 3.0 "NextGen TV" standard is creating significant barriers for consumers seeking to access free over-the-air television content. Our investigation reveals that private industry regulations, opaque certification processes, and selective enforcement are undermining consumer choice and potentially violating the principles of public airwave access that have governed broadcasting for nearly a century.
The Promise vs. Reality of NextGen TV
ATSC 3.0, marketed as "NextGen TV," promises enhanced viewing experiences with 4K resolution, high dynamic range (HDR) video, immersive audio, and interactive features. As of late 2024, NextGen TV broadcasts are available in 78 of 210 Nielsen designated market areas, reaching approximately 76% of U.S. television households. The Consumer Technology Association estimates that nearly 14 million NextGen TV-capable devices were in American homes by the end of 2024, with consumers purchasing approximately 12,000 NextGen TVs daily.
However, the broadcast industry's decision to encrypt ATSC 3.0 signals using DRM has created a two-tier system that undermines these benefits for many consumers.
The DRM Problem: A Private Authority with Public Consequences
The A3SA Authority
The ATSC 3.0 Security Authority (A3SA), a private organization controlled by five major broadcast networks (ABC, CBS, NBC, Fox, and Univision), has established encryption requirements that operate outside FCC oversight. Unlike traditional broadcast regulations, which are transparent and subject to public comment, A3SA's rules are proprietary and hidden behind non-disclosure agreements.
Impact on Device Manufacturers
The encryption requirements have created substantial barriers for device manufacturers:
- Expensive Certification Process: Companies must undergo costly certification procedures that weren't required for the previous ATSC 1.0 standard
- Dual Certification Requirements: Devices need both NextG TV certification and separate A3SA DRM certification
- Opaque Standards: Manufacturers cannot publicly discuss certification requirements due to NDAs
- Limited Device Compatibility: Many popular platforms cannot decrypt encrypted content
Case Study: SiliconDust's HDHomeRun Exclusion
The most prominent example of A3SA's gatekeeping involves SiliconDust's HDHomeRun Flex 4K, currently the top-selling ATSC 3.0 tuner on Amazon at $199.99. Despite being fully NextG TV-certified and meeting all ATSC 3.0 technical requirements, the device cannot access encrypted broadcasts.
The Certification Paradox
SiliconDust obtained:
- NextG TV certification and logo usage rights
- Widevine Level 3 DRM license approval
- Initial DTCP licensing (later changed by A3SA)
Yet the company remains excluded from accessing encrypted content, highlighting the arbitrary nature of the certification process.
The Huawei Controversy
Pearl TV, a broadcast industry consortium, has accused SiliconDust of using HiSilicon chips (a Huawei subsidiary) as justification for exclusion, citing national security concerns. However, this argument has several flaws:
- FCC rules regarding Huawei components don't apply to gateway devices like the HDHomeRun
- Other approved devices also contain Chinese-manufactured components
- SiliconDust was never informed that chip selection was the reason for denial
Consumer Impact: Limited Choice and Compatibility
Device Restrictions
The DRM implementation severely limits consumer options:
- Gateway Devices: Products like HDHomeRun that stream content to multiple devices in the home cannot access encrypted channels
- Platform Incompatibility: Popular devices including Roku, Apple TV, Xbox, and LG TVs cannot decrypt encrypted content
- Recording Limitations: DVR functionality is restricted or requires expensive workarounds
- Third-Party App Blocking: Popular applications like Plex, Channels DVR, and Emby face certification hurdles
The Cost Factor
DRM requirements add significant costs:
- Higher device prices due to certification expenses
- Limited competition among manufacturers
- Reduced innovation in the DVR and gateway device market
- Potential elimination of affordable tuning options
Technical Comparison: Streaming vs. Broadcast DRM
Broadcasters frequently compare their DRM implementation to streaming services like Netflix, but the comparison is misleading:
Streaming Services
- Support multiple DRM standards (Widevine, PlayReady, FairPlay)
- Provide separate streams for different devices
- Focus on convenience and broad compatibility
- Allow users to download and watch offline
ATSC 3.0 DRM
- Limited to Widevine DRM only
- Single broadcast stream for all devices
- Additional encryption layer beyond standard Widevine
- Requires internet connection for local broadcasts
- Blocks recording and offline viewing capabilities
Legal and Regulatory Concerns
Constitutional Issues
Consumer advocacy groups, including the Electronic Frontier Foundation and Consumer Reports, have filed FCC comments arguing that mandatory encryption:
- Violates the legal framework governing public airwaves
- Contradicts the Supreme Court's Sony Betamax decision protecting recording rights
- Creates a contradiction between the right to record and the illegality of bypassing encryption under the DMCA
FCC Authority Questions
The current system raises questions about regulatory oversight:
- A3SA operates outside FCC jurisdiction
- Rules can be changed unilaterally by five private companies
- No public oversight or consumer representation in the process
- Potential for arbitrary enforcement and market manipulation
Market Response and Consumer Adoption
Slow Adoption Rates
Despite industry projections, consumer adoption of ATSC 3.0 remains sluggish:
- High device costs due to certification requirements
- Limited compatibility with existing equipment
- Consumer confusion about DRM restrictions
- Preference for streaming services with better device support
Industry Pushback
Several major organizations have opposed forced ATSC 3.0 transition:
- Consumer Technology Association (CTA)
- NCTA - The Internet & Television Association
- Public Knowledge
- Electronic Frontier Foundation
- Consumer Reports
International Perspective
Successful Implementations
Countries like South Korea have successfully deployed ATSC 3.0 without the restrictive DRM approach seen in the U.S.:
- 80% population coverage since 2017
- 4K UHD broadcasts widely available
- Strong consumer adoption
- Multiple device options
Lessons Learned
International implementations suggest that the U.S. approach may be unnecessarily restrictive and counterproductive to adoption goals.
Potential Solutions
Industry Proposals
SiliconDust and other stakeholders have proposed two primary solutions:
- Eliminate DRM on Public Airwaves
- Restore transparency and public oversight
- Reduce device costs and increase compatibility
- Accelerate consumer adoption
- Preserve traditional fair-use rights
- Implement Standard Streaming DRM
- Use the same approach as Netflix and other services
- Support multiple DRM standards for broader compatibility
- Remove additional encryption layers
- Allow gateway devices to function normally
FCC Action Needed
Consumer advocates call for FCC intervention to:
- Require public disclosure of certification standards
- Ensure competitive market conditions
- Protect consumer recording rights
- Prevent arbitrary enforcement of private rules
Consumer Recommendations
For Current Viewers
- Research device compatibility before purchasing ATSC 3.0 equipment
- Understand DRM limitations in your market
- Consider waiting for regulatory clarity before major investments
- Verify that essential features work with encrypted content
For Future Buyers
- Check manufacturer specifications for DRM support
- Ensure devices support your preferred viewing platforms
- Consider gateway devices only if local stations broadcast unencrypted
- Factor in potential subscription costs for full functionality
ATSC 3.0 DRM Compatible Device Matrix
The following table provides current pricing and availability for devices that support ATSC 3.0 with DRM decryption capabilities:
Television Sets with Built-in ATSC 3.0 Tuners
| Brand | Model Series | Price Range | DRM Support | Availability | Notes |
|---|---|---|---|---|---|
| Sony | Bravia XR A95L OLED | $2,000-$4,000 | Yes | Available | Premium OLED with excellent processing |
| Samsung | S95C OLED (2023) | $1,500-$2,500 | Yes | Available | 2024 OLEDs lack ATSC 3.0 |
| Samsung | Neo QLED (2025) | $800-$3,000 | Yes | Available | Mini-LED with ATSC 3.0 |
| Hisense | U8N Mini-LED | $1,000-$1,500 | Yes | Available | High brightness, good value |
| Sony | Select Bravia Models | $600-$2,000 | Yes | Available | Various tiers available |
| TCL | Select Models | $600-$1,200 | Yes | Limited | Higher-end sets only |
| RCA | Mini-LED (2025) | $600-$800 | Yes | Available | New budget option |
| Panasonic | Fire TV OLED/LED | $800-$1,500 | Yes | Available | Late 2024 launch |
| LG | 2023 Models & Earlier | $800-$2,500 | Yes | Discontinued | No 2024/2025 models due to patent dispute |
External Tuners and Set-Top Boxes
| Device | Price | DRM Support | Internet Required | DVR | Multi-Room | Availability |
|---|---|---|---|---|---|---|
| ZapperBox M1 (Dual Tuner) | $275 + $30/year guide | Yes | Yes (for DRM) | Yes | Coming v3.3 | Amazon |
| ZapperBox M2 (Single Tuner) | $199 + $30/year guide | Yes | Yes (for DRM) | Yes | Coming v3.3 | ZapperBox |
| ZapperBox M3 (Mini Client) | $129 | Yes | Yes | No | Yes | ZapperBox |
| Zinwell ZAT-600B | $149 | Yes | No | Basic | No | Channel Master |
| ADTH NextGen TV Box | $89.99 | Yes | Yes (for DRM) | Basic | No | Walmart |
Gateway Devices (Limited DRM Support)
| Device | Price | DRM Support | Internet Required | Multi-Device Streaming | Availability |
|---|---|---|---|---|---|
| HDHomeRun Flex 4K | $199.99 | No | No | Yes (unencrypted only) | Amazon |
| Tablo 4th Gen | $199-$299 | No | Yes | Yes (ATSC 1.0 only) | Available |
Upcoming Devices
| Device | Expected Price | Launch Timeframe | DRM Support | Notes |
|---|---|---|---|---|
| MyVelo TV Box | ~$100 | Spring 2025 | Yes | Android TV with DVR |
| Sub-$50 Tuners | <$50 | Late 2025/2026 | TBD | Industry projection |
| ZapperBox Quad-Tuner | TBD | Pre-orders started July 2025 | Yes | Four-tuner model |
Key Findings:
Television Availability: Only premium TVs typically include ATSC 3.0 tuners, with Samsung excluding them from 2024-2025 OLED models and LG dropping support due to patent disputes.
External Tuner Costs: Prices range from $90-$275, with most requiring internet connectivity for DRM content. Only the Zinwell ZAT-600B supports offline DRM decryption.
Gateway Device Limitations: Popular gateway devices like HDHomeRun cannot access encrypted content, falling back to ATSC 1.0 versions of channels.
DVR Functionality: Full DVR capabilities with series recording require subscription fees ($30-240/year) and external storage.
Platform Compatibility: DRM-protected content cannot stream to popular platforms like Roku, Apple TV, or Xbox due to A3SA restrictions.
Note: Prices reflect current retail as of August 2025. DRM support indicates certification for encrypted ATSC 3.0 content. Internet requirements vary by manufacturer and content protection level.
Looking Forward
The ATSC 3.0 DRM controversy represents a critical juncture for the future of free television in America. While the technology offers significant improvements in picture and sound quality, the broadcast industry's approach to content protection threatens to undermine the open, competitive market that has served consumers well for decades.
Without FCC intervention or industry course correction, consumers may find themselves with fewer choices, higher costs, and reduced functionality compared to the current ATSC 1.0 system. The outcome of ongoing regulatory proceedings will likely determine whether NextGen TV becomes a genuine upgrade for consumers or simply another way to restrict access to public airwave content.
As this situation continues to develop, consumers should stay informed about regulatory proceedings and make their voices heard in the public comment process. The future of free television depends on ensuring that technological advances serve the public interest rather than private gatekeeping efforts.
This article is based on publicly available documents, FCC filings, industry reports, and manufacturer communications. Consumer Reports maintains editorial independence and does not accept advertising from companies covered in our reports.
Sources and Citations
- TV Technology. "SiliconDust Urges FCC to Do Away With DRM Rules for ATSC 3.0 Programming." August 2025. https://www.tvtechnology.com/news/silicondust-urges-fcc-to-do-away-with-drm-rules-for-atsc-3-0-programming
- TV Technology. "Pearl TV Doubles Down on 'National Security Threat' Posed by ATSC 3.0 Tuners." July 2025. https://www.tvtechnology.com/news/pearl-tv-doubles-down-on-national-security-threat-posed-by-atsc-3-0-tuners
- TV Technology. "SiliconDust Identifies ATSC 3.0 Security Authority as DRM Culprit in FCC Comments." July 2025. https://www.tvtechnology.com/news/silicondust-identifies-atsc-3-0-security-authority-as-drm-culprit-in-fcc-comments
- The Desk. "Broadcast group, SiliconDust trade blame over NextGen TV DVR issue." July 2025. https://thedesk.net/2025/07/silicondust-pearl-tv-hdhomerun-atsc-3/
- Light Reading. "Huawei's chipmaker gets tossed into the 'NextGen TV' fracas." July 2025. https://www.lightreading.com/regulatory-politics/huawei-s-chipmaker-gets-tossed-into-the-nextgen-tv-fracas
- Communications Daily. "SiliconDust Calls on FCC to Scrutinize ATSC 3.0 Security Requirements." July 2025. https://communicationsdaily.com/article/2025/07/23/silicondust-calls-on-fcc-to-scrutinize-atsc-30-security-requirements-2507220075
- TV Technology. "ATSC 3.0 Advances on Multiple Fronts in 2024." December 2024. https://www.tvtechnology.com/features/atsc-3-0-advances-on-multiple-fronts-in-2024
- TV Technology. "Updated 1/23/2025: ATSC 3.0 Deployments: Where and When Will NextGen TV be Available?" January 2025. https://www.tvtechnology.com/news/atsc-30-deployments-where-and-when-will-nextgen-tv-be-available
- Consumer Reports. "NextGen TV-ATSC 3.0 FAQ." https://www.consumerreports.org/electronics/emerging-technology/nextgen-tv-atsc-3-what-to-know-a7427792466/
- TechHive. "DRM remains a stumbling block for DVRs embracing ATSC 3.0." March 2024. https://www.techhive.com/article/2250871/drm-remains-a-stumbling-block-for-dvrs-embracing-atsc-3-0.html
- Lon Seidman Blog. "Public Knowledge, The EFF, Consumer Reports and Other Organizations Oppose DRM in a New FCC Filing." June 2025. https://blog.lon.tv/2025/06/08/public-knowledge-the-eff-consumer-reports-and-other-organizations-oppose-drm-in-a-new-fcc-filing/
- ATSC. "Deployments - ATSC : NextGen TV." May 2025. https://www.atsc.org/nextgen-tv/deployments/
- Wikipedia. "ATSC 3.0." https://en.wikipedia.org/wiki/ATSC_3.0
- Wise Guy Reports. "Atsc 3.0 Device Market: Trends & Opportunities 2032." November 2024. https://www.wiseguyreports.com/reports/atsc-3-0-device-market
- Amazon. "SiliconDust HDHomeRun Flex 4K ATSC 3.0 NextGen TV." https://www.amazon.com/SiliconDust-HDHomeRun-Flex-ATSC-NextGen/dp/B092GCN9NL
- HDHomeRun Meets with the FCC About Over the Air TV Encryption DRM - YouTube
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