DTV Tuner Requirements, 38845-38848 [05-13029]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38845-38848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13029]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 05-24; FCC 05-121]


DTV Tuner Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to advance the date on which all new 
television receiving equipment must include the capability to receive 
over-the-air DTV broadcast signals from July 1, 2007, to a date no 
later than December 31, 2006. This revision would require all 
television receivers to include DTV tuners on a schedule not later than 
the statutory target date for the end of the DTV transition, when 
analog television service is to end. This proposal is intended to apply 
the DTV tuner requirement to all TV receivers on an advanced schedule 
that will allow a more rapid completion of the DTV transition while 
providing manufacturers with adequate time to include DTV tuners in all 
their TV products.

DATES: Comments must be filed on or before July 27, 2005, and reply 
comments must be filed on or before August 10, 2005.

ADDRESSES: You may submit comments, identified by [ET Docket No. 05-24] 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Alan Stillwell, Office of Engineering 
and Technology, (202) 418-2925, e-mail: Alan.Stillwell@fcc.gov, TTY 
(202) 418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making (FNPRM), ET Docket No. 05-24, 
FCC 05-121, adopted June 9, 2005, and

[[Page 38846]]

released June 9, 2005. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The complete text of this document also may be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: https://www.fcc.gov. Alternate formats are 
available to persons with disabilities at TTY (202) 418-7365.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments on or before 
July 27, 2005, and reply comments on or before August 10, 2005. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments 
filed through the ECFS can be sent as an electronic file via the 
Internet to https://www.fcc.gov/e-file/ecfs.html. Generally, only one 
copy of an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, however, 
commenters must transmit one electronic copy of the comments to each 
docket or rulemaking number referenced in the caption. In completing 
the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to ecfs@fcc.gov, and should include the following words 
in the body of the message, ``get form .'' A 
sample form and directions will be sent in reply. Parties who choose to 
file by paper must file an original and four copies of each filing. If 
more than one docket or rulemaking number appears in the caption of 
this proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number.
    All filings must be addressed to the Commission's Secretary, Office 
of the Secretary, Federal Communications Commission. Filings can be 
sent by hand or messenger delivery, by commercial overnight courier, or 
by first-class or overnight U.S. Postal Service mail (although we 
continue to experience delays in receiving U.S. Postal Service mail). 
The Commission's contractor, Natek, Inc., will receive hand-delivered 
or messenger-delivered paper filings for the Commission's Secretary at 
236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The 
filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class mail, Express mail, and Priority Mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.

Summary of Further Notice of Proposed Rulemaking

    1. Consistent with the need to promote a rapid end to the DTV 
transition, we now believe it would also be appropriate to advance the 
date on which all new television receiving equipment must include the 
capability to receive over-the-air broadcast DTV signals from July 1, 
2007, to a date no later than December 31, 2006. This change would 
advance the date for all TV receivers to include a DTV tuner to a date 
not later than the statutory target date for the end of the transition. 
We specifically request suggestions for a date no later than December 
31, 2006, that would be appropriate for requiring all new television 
receivers to include DTV reception capability. We believe that 
including DTV tuners in smaller screen and other traditionally low 
priced receiver products would not force substantial increases in the 
price of such products. The majority of all televisions are sets 
25 and larger. We believe that the economies of scale needed 
to support reductions on the incremental price of DTV tuner equipped 
products will therefore be achieved in the introduction of DTV tuners 
in these mid-size and large screen products, which will occur more than 
a year earlier. We therefore believe that the price increases for small 
screen and other receivers will be more modest. In this regard, we 
observe that Zoran Corporation has indicated to the Commission in an ex 
parte contact that it has developed a reference board that includes a 
low-cost DTV receiver. It states that this board could be used to 
manufacture a set-top box that provides DTV reception at the standard 
definition display level to allow analog-only receivers to display DTV 
signals for about $65. Zoran further states that the DTV tuning 
capability of this board could be incorporated into a TV receiver with 
display at this time for about a $80-100 retail price increase and that 
this price would decrease dramatically with increasing volume. We 
request comment on this proposal and suggestions for alternative 
approaches for including DTV reception capability in all TV receiving 
devices on a schedule reflective of the statutory target date for the 
end of the DTV transition.
    2. We also seek comment on whether the requirement to include a DTV 
tuner in new receivers should be extended to receivers with screen 
sizes less than 13 inches. We note that if such devices are 
to provide off-the-air reception of TV signals after the transition, 
they too must be able to receive DTV signals and that it is less likely 
that such products, and particularly handheld and similar portable 
devices, would be used with a separate device for receiving DTV 
signals.
    3. In order to allow the Commission to conclude action in these 
proposals in an expeditious manner so as to afford manufacturers the 
maximum time to prepare to comply with new rules, we are limiting the 
comment and reply comment periods on these proposals to 21 days and 14 
days respectively.

Initial Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in the Further 
Notice of Proposed Rulemaking (FNPRM) portion of this action.\2\ 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments on the NPRM. The Commission will send a copy of the FNPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration.\3\ In addition, the FNPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.\4\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See Report and Order and Further Notice of Proposed 
Rulemaking in ET Docket No. 05-24, FCC 05-121, released June 9, 
2005.
    \3\ See 5 U.S.C. 603(a).
    \4\ See id.
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    A. Need for and Objectives of the Proposed Rules. As described in 
the FNPRM, the changes to the rules being considered in this proceeding 
are intended to ensure a smooth transition

[[Page 38847]]

of the nation's television system to digital television. Beginning in 
1987, the Commission undertook to bring the most up-to-date technology 
to broadcast television.\5\ That resulted in several Commission 
decisions, including those adopting a digital television (DTV) 
standard,\6\ DTV service rules,\7\ and a Table of DTV Allotments.\8\ 
The Table of DTV Allotments provides each existing television 
broadcaster with a second channel on which to operate a DTV station for 
the transition period, after which one of its channels will revert to 
the government for use in other services. The transition deadline 
established by Congress is December 31, 2006.
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    \5\ See Notice of Inquiry in MM Docket No. 87-268, 2 FCC Rcd 
5125 (1987), 52 FR 34259, September 10, 1987; see also Tentative 
Decision and Further Notice of Proposed Rulemaking in MM Docket No. 
87-268, 3 FCC Rcd 6520 (1988), 53 FR 38747, October 3, 1998.
    \6\ See Fourth Report and Order in MM Docket No. 87-268, 11 FCC 
Rcd 17771 (1996), 62 FR 14006, March 25, 1997.
    \7\ See Fifth Report and Order in MM Docket No. 87-268, 12 FCC 
Rcd 12809 (1997), 63 FR 13546, May 20, 1998.
    \8\ See Sixth Report and Order in MM Docket No. 87-268, 12 FCC 
Rcd 14588 (1997), 62 FR 2668, July 11, 1997.
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    5. Consistent with its efforts to promote the expeditious 
completion of the DTV transition, the Commission adopted a requirement 
that all new television receivers imported or shipped in interstate 
commerce after July 1, 2007 include the capability to receive DTV 
signals off-the-air. In order to minimize the impact of the DTV tuner 
requirement on both manufacturers and consumers, the Commission adopted 
a phase-in schedule that applies the DTV tuner requirement first to 
receivers with the screens and then to progressively smaller screen 
receivers and other TV receiving devices. Consistent with the need to 
promote a rapid end to the DTV transition, we now believe it would also 
be appropriate to advance the date on which all new television 
receiving equipment must include the capability to receive over-the-air 
broadcast DTV signals from July 1, 2007, to December 31, 2006. This 
change would move the date for all TV receivers to include a DTV tuner 
forward six months to coincide with the statutory end of the transition 
and also provide adequate time for manufacturers to modify their 
products to include DTV tuners in all new television sets.\9\
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    \9\ See 47 U.S.C. 309(j)(14)(A).
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    B. Legal Basis.
    6. The authority for the action proposed in this rulemaking is 
contained in sections 4(i) & (j), 303, 307, 309 and 336 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i) & (j), 303, 
307, 309 and 336.
    C. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply.
    7. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules.\10\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental entity.'' 
\11\ In addition, the term ``small business'' has the same meaning as 
the term ``small business concern'' under the Small Business Act.\12\ A 
small business concern is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).\13\
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    \10\ 5 U.S.C. 603(b)(3).
    \11\ 5 U.S.C. 601(6).
    \12\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \13\ 15 U.S.C. 632.
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    Electronics Equipment Manufacturers. Rules adopted in this 
proceeding would apply to manufacturers of DTV receiving equipment and 
other types of consumer electronics equipment. The SBA has developed 
definitions of small entity for manufacturers of audio and video 
equipment \14\ as well as radio and television broadcasting and 
wireless communications equipment.\15\ These categories both include 
all such companies employing 750 or fewer employees. The Commission has 
not developed a definition of small entities applicable to 
manufacturers of electronic equipment used by consumers, as compared to 
industrial use by television licensees and related businesses. 
Therefore, we will utilize the SBA definitions applicable to 
manufacturers of audio and visual equipment and radio and television 
broadcasting and wireless communications equipment, since these are the 
two closest NAICS Codes applicable to the consumer electronics 
equipment manufacturing industry. However, these NAICS categories are 
broad and specific figures are not available as to how many of these 
establishments manufacture consumer equipment. According to the SBA's 
regulations, an audio and visual equipment manufacturer must have 750 
or fewer employees in order to qualify as a small business concern.\16\ 
Census Bureau data indicates that there are 554 U.S. establishments 
that manufacture audio and visual equipment, and that 542 of these 
establishments have fewer than 500 employees and would be classified as 
small entities.\17\ The remaining 12 establishments have 500 or more 
employees; however, we are unable to determine how many of those have 
fewer than 750 employees and therefore, also qualify as small entities 
under the SBA definition. Under the SBA's regulations, a radio and 
television broadcasting and wireless communications equipment 
manufacturer must also have 750 or fewer employees in order to qualify 
as a small business concern.\18\ Census Bureau data indicates that 
there 1,215 U.S. establishments that manufacture radio and television 
broadcasting and wireless communications equipment, and that 1,150 of 
these establishments have fewer than 500 employees and would be 
classified as small entities.\19\ The remaining 65 establishments have 
500 or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and therefore, also qualify as 
small entities under the SBA definition. We therefore conclude that 
there are no more than 542 small manufacturers of audio and visual 
electronics equipment and no more than 1,150 small manufacturers of 
radio and television broadcasting and wireless communications equipment 
for consumer/household use.
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    \14\ 13 CFR 121.201 (NAICS Code 334310).
    \15\ 13 CFR 121.201 (NAICS Code 334220).
    \16\ 13 CFR 121.201 (NAICS Code 334310).
    \17\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Audio and Video Equipment Manufacturing, Table 4 at 9 
(1999). The amount of 500 employees was used to estimate the number 
of small business firms because the relevant Census categories 
stopped at 499 employees and began at 500 employees. No category for 
750 employees existed. Thus, the number is as accurate as it is 
possible to calculate with the available information.
    \18\ 13 CFR 121.201 (NAICS Code 513220).
    \19\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, Table 4 at 9 (1999). The 
amount of 500 employees was used to estimate the number of small 
business firms because the relevant Census categories stopped at 499 
employees and began at 500 employees. No category for 750 employees 
existed. Thus, the number is as accurate as it is possible to 
calculate with the available information.
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    Computer Manufacturers. The Commission has not developed a 
definition of small entities applicable to computer manufacturers. 
Therefore, we

[[Page 38848]]

will utilize the SBA definition of electronic computers manufacturing. 
According to SBA regulations, a computer manufacturer must have 1,000 
or fewer employees in order to qualify as a small entity.\20\ Census 
Bureau data indicates that there are 563 firms that manufacture 
electronic computers and of those, 544 have fewer than 1,000 employees 
and qualify as small entities.\21\ The remaining 19 firms have 1,000 or 
more employees. We conclude that there are approximately 544 small 
computer manufacturers.
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    \20\ 13 CFR 121.201 (NAICS Code 334111).
    \21\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Electronic Computer Manufacturing, Table 4 at 9 
(1999).
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    D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements.
    8. At this time, we do not expect that the rule changes being 
considered in this proceeding would impose any additional recordkeeping 
or recordkeeping requirements. While the modifications being considered 
in the NPRM could have an impact on consumer electronics manufacturers 
and broadcasters, we anticipate at this time that such impact would be 
similarly costly for both large and small entities. We seek comment on 
whether others perceive a need for recordkeeping under specific options 
for addressing the issues in the NPRM and, if so, whether the burden 
would fall on large and small entities differently.
    E. Steps Taken To Minimize Significant Impact on Small Entities, 
and Significant Alternatives Considered.
    9. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\22\
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    \22\ 5 U.S.C. 603.
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    10. The rule changes under consideration in this proceeding propose 
a revision in the schedule for implementation of the requirement that 
new television receivers include the capability for reception of 
broadcast DTV signals. We requested comment on a proposal that would 
advance to December 31, 2006 (from the current July 1, 2007), the date 
by which all television receivers with screen sizes 13'' and larger 
that are imported into the United States or shipped in interstate 
commerce must include the capability to receive over-the-air DTV 
broadcast signals. Because of our concern for advancing the full 
compliance date in a manner that would pose no unnecessary economic 
burden on smaller entities, we invited interested parties to submit 
alternative suggestions for revising and suggestions for alternative 
approaches for including DTV reception capability in all TV receivers 
on a schedule to coincide with statutory end of the DTV transition. We 
also invited comment on whether we should also extend the DTV tuner 
requirement to TV receivers with screen sizes less than 13.
    F. Federal Rules Which Duplicate, Overlap, or Conflict With the 
Commission's Proposals. None.
    11. Ordering Clauses. Pursuant to the authority contained in 
sections 2(a), 4(i) & (j), 7, 151 and 303 of the Communications Act of 
1934 as amended, 47 U.S.C. 152(a), 154(i) & (j), 157, and 303, this 
Notice of Proposed Rule Making is adopted.
    12. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Further Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration, to Congress and the General Accounting Office pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).\23\
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    \23\ See 5 U.S.C. 603(a).
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    13. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this NPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the Regulatory Flexibility Act.

List of Subjects in 47 CFR Part 15

    Federal Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amends 47 CFR part 15 as follows:

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 303, 304, 307, and 554A.

    2. Section 15.117 is amended by revising paragraph (i)(1) to read 
as follows:


Sec.  15.117  TV broadcast receivers.

* * * * *
    (i) * * *
    (1) Responsible parties, as defined in Sec.  2.909 of this chapter, 
are required to equip new TV broadcast receivers that are shipped in 
interstate commerce or imported from any foreign country into the 
United States and for which they are responsible to comply with the 
provisions of this section in accordance with the following schedule:
    (i) Receivers with screen sizes 36'' and above--50% of all of a 
responsible party's units must include DTV tuners effective July 1, 
2004; 100% of such units must include DTV tuners effective July 1, 2005
    (ii) Receivers with screen sizes 25'' to less than 36''--50% of all 
of a responsible party's units must include DTV tuners effective July 
1, 2005; 100% of such units must include DTV tuners effective March 1, 
2006
    (iii) Receivers with screen sizes 13'' to less than 25''--100% of 
all such units must include DTV tuners effective December 31, 2006
    (iv) Other devices (videocassette recorders (VCRs), digital video 
disk and digital versatile disk (DVD) players/recorders, etc.) that 
receive television signals--100% of all such units must include DTV 
tuners effective December 31, 2006.
* * * * *
[FR Doc. 05-13029 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P