§ 73.9000 47 CFR Ch. I (10–1–10 Edition)

(ii) A/53, Part 2:2007, ‘‘RF/Trans- Subpart M—Digital Broadcast mission System Characteristics’’ (Jan- Redistribution Control uary 3, 2007), IBR approved for § 73.682. (iii) A/53, Part 3:2007, ‘‘Service Multi- SOURCE: 68 FR 67603, Dec. 3, 2003, unless plex and Transport Subsystem Charac- otherwise noted. teristics’’ (January 3, 2007), IBR ap- proved for § 73.682. § 73.9000 Definitions. (iv) A/53, Part 4:2007, ‘‘MPEG–2 (a) Authorized digital output protection System Characteristics’’ (January 3, technology means a technology ap- 2007), IBR approved for § 73.682, except proved pursuant to the procedures in for § 6.1.2 of A/53 Part 4: 2007, and the § 73.9008. phrase ‘‘see Table 6.2’’ in section 6.1.1 (b) Authorized recording method means Table 6.1 and section 6.1.3 Table 6.3. a recording method approved pursuant (v) A/53, Part 5:2007, ‘‘AC–3 Audio to the procedures in § 73.9008. System Characteristics’’ (January 3, (c) Bona fide reseller means a party 2007), IBR approved for § 73.682. regularly engaged, or about to become (vi) A/53, Part 6:2007, ‘‘Enhanced AC– regularly engaged, in the lawful com- 3 Audio System Characteristics’’ (Jan- mercial enterprise of selling, reselling, uary 3, 2007), IBR approved for § 73.682. manufacturing, or assembling (3) ATSC A/65B: ‘‘ATSC Program and demodulators, or products incor- System Information Protocol for Ter- porating demodulators, in compliance restrial Broadcast and Cable,’’ (Revi- with this subpart. sion B) March 18, 2003, and IBR ap- (d) Broadcast flag means the redis- proved for §§ 73.9000 and 73.9001. tribution control descriptor (4) ATSC A/65C: ‘‘ATSC Program and (rcldescriptor()) described in ATSC A/ System Information Protocol for Ter- 65B: ‘‘ Standard: Program and System restrial Broadcast and Cable, Revision Information Protocol for Terrestrial C With Amendment No. 1 dated May 9, Broadcast and Cable (Revision B),’’ (in- 2006,’’ (January 2, 2006), IBR approved corporated by reference, see § 73.8000). for §§ 73.682 and 73.9000. (e) product means a product (c) The following materials are avail- that is designed for or permits the end able for purchase from American Na- user to install a wide variety of com- tional Standards Institute (ANSI), 25 mercially available software applica- West 43rd Street, 4th Floor, New York, tions thereon, such as a personal com- NY 10036 or at the ANSI Web site: puter, handheld ‘‘Personal Digital As- http://www.webstore.ansi.org/ansidocstore/ sistant’’ and the like, and further in- default.asp. cludes a subsystem of such a product, (1) International Standard ISO/IEC such as a graphics card. 13818–1:2000(E); ‘‘Information Tech- (f) Covered demodulator product means nology Generic Coding of Moving Pic- a product that is required under tures and Associated Audio Informa- §§ 73.9002(a)(1) or 73.9002(b)(1) to comply tion: Systems,’’ 2000, IBR approved for with the demodulator compliance re- § 73.9000. quirements, and to be manufactured in (2) [Reserved] accordance with the demodulator (d) The following materials are avail- robustness requirements. able at the FCC, 445 12th St., SW., Ref- (g) Demodulator means a component, erence Information Center, Room CY– or set of components, that is designed A257, Washington, DC 20554, or at the to perform the function of 8–VSB, 16– FCC’s Office of Engineering and Tech- VSB, 64–QAM or 256–QAM demodula- nology (OET) Web site: http:// tion and thereby produce a data stream www.fcc.gov/oet/info/documents/bulletins/. for the purpose of re- ception. (1) OET Bulletin No. 69: ‘‘Longley- Rice Methodology for Evaluating TV (h) Demodulator compliance require- Coverage and Interference’’ (February ments means the requirements set out 6, 2004), IBR approved for § 73.616. in §§ 73.9003 through 73.9006. (i) Demodulator robustness requirements (2) [Reserved] means the requirements set out in [73 FR 5684, Jan. 30, 2008] § 73.9007.

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(j) Peripheral TSP product means a another, a content protection method product that is capable of accessing in that complies with § 73.9007. usable form unscreened content or (o) Transitory image means data that marked content passed to such product has been stored temporarily for the via a robust method where the manu- sole purpose of enabling a function not facturer of such product has committed prohibited by this subpart but that (1) in writing in accordance with does not persist materially after such § 73.9002(c) that such product will com- function has been performed and (2) is ply with the demodulator compliance not stored in a way that permits copy- requirements and be manufactured in ing or storing of such data for other accordance with the demodulator purposes. robustness requirements. (p) Unencrypted digital terrestrial (k) EIT means Event Information broadcast content means audiovisual Table as defined in ATSC A/65C: ‘‘ATSC content contained in the signal broad- Program and System Information Pro- cast by a digital television station tocol for Terrestrial Broadcast and without encrypting or otherwise mak- Cable, Revision C With Amendment No. ing the content available through a 1 dated May 9, 2006,’’ (January 2, 2006), technical means of , (incorporated by reference, see and includes such content when re- § 73.8000). transmitted in unencrypted digital (l) Marked content means, with re- form. spect to a Covered demodulator prod- (q) Unscreened content means, with re- uct, Unencrypted digital terrestrial spect to a covered demodulator prod- broadcast content that such product uct, unencrypted digital terrestrial has broadcast content that such product ei- ther: (1) Received and demodulated and for (1) Received and demodulated and for which such product has inspected ei- which such product has inspected nei- ther the EIT or PMT and determined ther the EIT nor the PMT for the the broadcast flag to be present, or broadcast flag; or (2) Where such product is a peripheral (2) Where such product is a peripheral TSP product, received via a robust TSP product, received via a robust method and accessed in usable form, method and accessed in usable form, and for which such product either in- and for which such product has in- spected the EIT or PMT and deter- spected neither the EIT nor the PMT mined the broadcast flag to be present for the broadcast flag and has not de- or determined through information termined through information robustly robustly conveyed with such content conveyed with such content another that another covered demodulator covered demodulator product had pre- product had previously so screened viously so screened such content and such content and determined the determined the broadcast flag to be broadcast flag to be present; provided, present; provided, however, that, with however, that, with respect to a cov- respect to a covered demodulator prod- ered demodulator product, marked con- uct, unscreened content shall not in- tent shall not include content that has clude content that has been passed been passed from such product pursu- from such product pursuant to ant to §§ 73.9004(a)(1), 73.9004(a)(2), §§ 73.9003(a)(1), 73.9003(a)(2), 73.9003(a)(3), 73.9004(a)(3), 73.9004(a)(5), 73.9004(a)(6), 73.9003(a)(4), 73.9003(a)(6), 73.9003(a)(7), or 73.9006(b). or 73.9006(b). (m) PMT means program map table as (r) User accessible bus means a data defined in International Standard ISO/ bus that is designed for end user up- IEC 13818–1:2000(E): ‘‘Information Tech- grades or access, such as an implemen- nology—Generic Coding of Moving Pic- tation of a smartcard interface, tures and Associated Audio Informa- PCMCIA, Cardbus, or PCI that has tion: Systems’’ (incorporated by ref- standard sockets or otherwise readily erence, see § 73.8000). facilitates end user access. A user ac- (n) Robust method means, with respect cessible bus does not include memory to the passing of unscreened content or buses, CPU buses, or similar portions marked content from one product to of a device’s internal architecture that

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do not permit access to content in a time of such sale or distribution, such form usable by end users. peripheral TSP product complies with the demodulator compliance require- [68 FR 67603, Dec. 3, 2003, as amended at 73 FR 5685, Jan. 30, 2008] ments and was manufactured in ac- cordance with the demodulator § 73.9001 Redistribution control of dig- robustness requirements. The require- ital television broadcasts. ments of this paragraph shall not apply Licensees of TV broadcast stations to the sale or resale of a product that may utilize the redistribution control was manufactured prior to the effective descriptor described in ATSC A/65B: date of this subpart or that was ini- ‘‘ATSC Standard: Program and System tially was sold or distributed in com- Information Protocol for Terrestrial pliance with this subpart. Broadcast and Cable (Revision B),’’ (in- (d) Written commitments. (1) A written corporated by reference, see § 73.8000) commitment to allow sale or distribu- provided they do not transmit the op- tion of demodulators under paragraph tional additional redistribution control (a)(2) of this section, or for a peripheral information. TSP product, shall be submitted to the Federal Communications Commission, § 73.9002 Sale or distribution of Chief, Media Bureau, Attn: Broadcast demodulators, covered demodulator Flag Written Commitment, 445 12th products, and peripheral TSP prod- Street, SW., Washington, DC 20554. ucts. (2) The information to be provided by (a) Demodulators. No party that man- a party filing a written commitment to ufactures or imports a demodulator allow sale or distribution of shall sell or distribute in interstate demodulators under paragraph (a)(2) of commerce such Demodulator unless: this section shall include a statement (1) At the time of such sale or dis- that one of the following conditions is tribution such demodulator is itself, or true: is incorporated into, a product that (i) The party is a bona fide reseller; complies with the demodulator compli- (ii) The party is a licensed digital tel- ance requirements and was manufac- evision broadcaster; or tured in accordance with the (iii) The party is a multichannel demodulator robustness requirements; video programming distributor, or or other party engaged, or about to be- (2) Such sale or distribution is to a come engaged, in the lawful retrans- party that has committed in writing mission of unencrypted digital terres- pursuant to paragraph (d) of this sec- trial broadcast content pursuant to tion not to sell or distribute § 76.1909 of this chapter. demodulators other than in accordance (3) The information to be provided by with paragraphs (a)(1) or (a)(2) of this a party filing a written commitment section. for a peripheral TSP product shall in- (b) Covered demodulator products. No clude statements that the party is en- party shall sell or distribute in inter- gaged, or about to become engaged, in state commerce a covered demodulator the lawful commercial enterprise of product that does not comply with the manufacturing such peripheral TSP demodulator compliance requirements product, and that such product will and demodulator robustness require- comply with the demodulator compli- ments. The requirements of this para- ance requirements and be manufac- graph shall not apply to the sale or re- tured in accordance with the sale of a product that was manufac- demodulator robustness requirements. tured prior to the effective date of this (4) It shall be a violation of this sub- subpart or that initially was sold or part, enforceable by the Commission, distributed in compliance with this for any person that has filed a written subpart. commitment pursuant to paragraph (d) (c) Peripheral TSP products. No party of this section to: that manufactures or imports a periph- (i) In the case such commitment to eral TSP product shall sell or dis- allow sale or distribution of tribute such peripheral TSP product in demodulators under paragraph (a)(2) of interstate commerce unless, at the this section, sell or distribute the

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