• by Wendy Davis , Staff Writer @wendyndavis, June 6, 2016

Google and other potential set-top-box manufacturers should be required to make privacy promises to consumers in order to develop boxes that can access pay TV programs, a coalition of 15 state attorneys general says in a new letter to the Federal Communications Commission.

"Requiring consumer-facing statements would enhance the states’ abilities to pursue consumer protection actions against third-party set-top box manufacturers," the law enforcement officials write in comments made public on Monday. Attorneys general signing the letter include California's Kamala Harris, New York's Eric Schneiderman and Mississippi's Jim Hood.

The state attorneys general letter comes as the FCC is considering new rules that would make it easier for consumers to watch TV programs on tablets, smart TVs and other devices.

Currently, people who purchase pay-TV subscriptions from cable and satellite providers typically rent set-top boxes, at an average cost of $231 a year. Many consumers who also watch online video on a TV screen use separate streaming devices -- like Rokus or Amazon Fire TVs -- while people who watch TV shows on tablets or smartphones often do so via apps. The FCC's proposed rules would enable Google, Amazon and other non-cable companies to develop boxes that can access pay-TV programs.

Consumer advocacy groups and the White House support the proposed new rules, as do Google and Amazon.

Not surprisingly, the cable industry -- which could lose an estimated $20 billion a year in rental fees -- opposes the potential rule change. Among other arguments, cable companies say the proposal will undermine privacy because the FCC can't subject Google and other third parties to the same rules as cable and satellite companies.

The FCC has said it may require Google or other device and app developers to certify that they comply with privacy principles. But the cable industry argues that won't be enough to stop "privacy scofflaws like Google" from collecting data about consumers.

Google counters that devices and apps already are "subject to robust privacy laws at the federal and state levels."

For their part, the attorneys general say they will be able to enforce consumer protection laws against box manufacturers if they make promises to the public, as opposed to behind-the-scenes agreements.

State attorneys general aren't the only ones asking the FCC to refine its proposal by including more privacy protections. The Federal Trade Commission made a similar request in April. More recently, Sen. Patrick Leahy (D-Vt.), ranking member of the Judiciary Committee, also urged regulators to craft tougher privacy requirements for set-top boxes.