navychop- No, I don't ignore the existence of encrypted tv in the ATSC license for subscriber base viewership. The huge difference is this is indeed sanctioned by the FCC and is part of the ATSC broadcast license open to all TV stations if they can make it work. 
Not so with the private contractual agreements that exclude other licensed carriers for phone service. Now, if USDTV decided to only allow people, say Catholics or those who own Ford Trucks for argument sake, then it would be in violation, but that was not the case. Anyone who could get the signal could subscribe and receive the channels. According to your link the USDTV had a major technical flaw that caused it to ultimately fail. Not surprised, as I feel if it wasn't for this reception sensitivity, it would be a business model and whether the public would buy it enough to make it a success. But, that's beyond the subject of this phone debate.
Not so with the private contractual agreements that exclude other licensed carriers for phone service. Now, if USDTV decided to only allow people, say Catholics or those who own Ford Trucks for argument sake, then it would be in violation, but that was not the case. Anyone who could get the signal could subscribe and receive the channels. According to your link the USDTV had a major technical flaw that caused it to ultimately fail. Not surprised, as I feel if it wasn't for this reception sensitivity, it would be a business model and whether the public would buy it enough to make it a success. But, that's beyond the subject of this phone debate. 
