Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products, 3985-3987 [2010-1418]
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
ACTION: Direct final rule, confirmation of
effective date; correction.
This action confirms the
effective date of a direct final rule
published in the Federal Register June
24, 2009, that establishes Class D
airspace, Class E surface airspace as an
extension of the Class D airspace, and
modifies the existing Class E airspace at
Ocala International Airport-Jim Taylor
Field, Ocala, FL. This action also makes
a minor correction to the existing Class
E airport description.
DATES: Effective Date: 0901 UTC,
January 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–5610.
SUPPLEMENTARY INFORMATION:
SUMMARY:
History
Confirmation of Effective Date
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 71.1
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[Amended]
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*
*
*
‘‘* * * feet above the surface within a 8.9mile’’
*
*
*
*
*
Issued in College Park, Georgia, on January
13, 2010.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010–1379 Filed 1–25–10; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
The rule establishing Class D and E
airspace and modifying Class E airspace
for Ocala International Airport—Jim
Taylor Field, Ocala, FL, published in
the Federal Register June 24, 2009 (74
FR 29939), became effective August 27,
2009. Subsequent to the effective date of
the rule, the FAA found that the radius
in the Class E5 description for Ocala
International Airport—Jim Taylor Field
was stated incorrectly. This action
corrects that error.
The FAA published this direct final
rule with a request for comments
establishing and modifying Class D and
E airspace, Ocala, FL in the Federal
Register on June 24, 2009 (74 FR 29939),
Docket No. FAA–2009–0326; Airspace
Docket 09–ASO–15. The FAA uses the
direct final rulemaking procedure for a
non-controversial rule where the FAA
believes that there will be no adverse
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
August 27, 2009. No adverse comments
were received, and thus this notice
confirms that effective date. With the
exception of the changes described
above, this rule is the same as that
published in the Federal Register as a
direct final rule.
Technical Amendment
Accordingly, pursuant to the authority
delegated to me, the reference to FAA
■
VerDate Nov<24>2008
Order 7400.9 for FR Doc. E9–14821,
FAA Airspace Docket No. 09–ASO–15,
as published in the Federal Register
June 24, 2009 (74 FR 29939), is
corrected as follows:
■ On page 29940, column two, line 46,
amend the language to read:
13:55 Jan 25, 2010
Jkt 220001
16 CFR Part 432
Trade Regulation Rule Relating to
Power Output Claims for Amplifiers
Utilized in Home Entertainment
Products
Federal Trade Commission.
Confirmation of Rule.
AGENCY:
ACTION:
3985
I. Introduction
The Commission, as part of its
oversight responsibilities, reviews its
rules and guides periodically to seek
information about their costs and
benefits, as well as their regulatory and
economic impact. The information
obtained assists the Commission in
identifying rules and guides that
warrant modification or rescission.
On February 27, 2008, the
Commission sought comment about the
Amplifier Rule, including comments
regarding whether there was a
continuing need for the Rule, the impact
of the Rule on the flow of truthful
information to consumers, suggested
modifications to the Rule, and the costs
and benefits associated with the Rule.
The Commission also sought specific
comments concerning whether the Rule
should be amended to address testing
requirements for determining the power
ratings for multichannel amplifiers.
The Commission has reviewed the
comments, and concludes that the Rule
continues to benefit consumers and
should be retained. The Commission
also has determined that the evidence
does not indicate widespread deceptive
or unfair practices that would justify
any amendments to the Rule, including
amendments to the testing procedures
for multichannel amplifiers.
SUMMARY:
II. Background
FOR FURTHER INFORMATION CONTACT: Jock
Chung, (202) 326-2984, Attorney,
Division of Enforcement, Bureau of
Consumer Protection, Federal Trade
Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
In response to misleading or
confusing power distortion and other
performance claims, the Commission
promulgated the Amplifier Rule in 1974
to assist consumers who purchase
power amplification equipment. The
Rule standardized the measurement and
disclosure of various performance
characteristics of power amplification
equipment intended for home
entertainment purposes. 39 FR 15387
(May 3, 1974).
In particular, the Rule requires that
manufacturers fully drive all
‘‘associated’’ channels to the rated per
channel power when measuring the
power output of sound amplification
equipment that is designed to amplify
two or more channels simultaneously.
At the time the Commission established
the Rule, the only equipment subject to
this requirement was stereo amplifiers,
and thus the Rule required
manufacturers to fully drive both
‘‘associated’’ channels of such amplifiers
when measuring power output.
Technological developments have
changed the market for sound power
amplification equipment since the
Commission issued the Amplifier Rule.
For example, improvements in amplifier
design have enabled manufactures to
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has completed its regulatory review of
its Trade Regulation Rule Relating to
Power Output Claims for Amplifiers
Utilized in Home Entertainment
Products (‘‘Amplifier Rule’’ or ‘‘Rule’’), as
part of the Commission’s systematic
review of all current Commission
regulations and guides, and has
determined to retain the Rule in its
current form. The Commission also
takes this opportunity to issue guidance
concerning the testing requirements
under the Rule for measuring power
ratings of multichannel amplifiers.
DATES: This action is effective as of
January 26, 2010.
ADDRESSES: Requests for copies of this
notice should be sent to: Public
Reference Branch, Room 130, Federal
Trade Commission, 600 Pennsylvania
Ave., NW, Washington, DC 20580. The
notice also is available on the Internet
at the Commission’s website, (https://
www.ftc.gov).
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3986
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
make even inexpensive amplifiers with
inaudible levels of harmonic distortion.
Consequently, in 2000 the Commission
exempted certain advertising from the
Rule’s Total Harmonic Distortion (THD)
disclosure requirement. 65 FR 81232
(Dec. 22, 2000). Additionally, to address
the development of self-powered
subwoofer-satellite combination speaker
systems, the Commission clarified the
manner in which the Rule’s testing
procedures apply to these systems.
The introduction of multichannel
‘‘home theater’’ equipment with five or
more channels also has dramatically
improved consumer amplification
choices. This improvement, however,
raises questions regarding which of the
new channels are ‘‘associated’’ under the
Rule. Consequently, in 2000 the
Commission issued a Supplemental
Notice of Proposed Rulemaking
(‘‘SNPR’’) soliciting comment on
Commission proposals to amend the
definition of ‘‘associated channels’’
when measuring the power ratings of
multichannel home theater amplifiers.
65 FR 80798 (Dec. 22, 2000). The SNPR
elicited only one comment from the
Consumer Electronics Association
(‘‘CEA’’). CEA noted that there was no
industry consensus regarding measuring
power output of multichannel
amplifiers.
On January 15, 2002, at the request of
CEA, the Commission deferred action to
allow industry to form a consensus on
procedures for testing multichannel
amplifiers . 67 FR 1915 (Jan. 15, 2002).
Although CEA subsequently issued a
standard, designated EIA/CEA-490-A,
‘‘Test Methods of Measurement for
Audio Amplifiers,’’ the Commission’s
review did not find widespread
adoption of this standard.
On March 20, 2007, the Commission
determined that industry had not agreed
on a power rating standard for
multichannel amplifiers. 72 FR 13052
(March 20, 2007). With no industry
standard in place, and with only CEA’s
comment on the rulemaking record, the
Commission concluded it would not be
in the public interest to amend the Rule,
and terminated its rulemaking. The
Commission stated that until it provided
further guidance regarding which
channels need to be associated for
purposes of rating multichannel
amplifiers, it would not enforce the
association requirements of Section
432.2 of the Rule as the Rule relates to
the continuous power output per
channel ratings for multichannel
amplifiers.1
1 72
FR 13052, 13053.
VerDate Nov<24>2008
13:55 Jan 25, 2010
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III. Regulatory Review
On February 27, 2008, the
Commission published a Federal
Register notice (‘‘FRN’’) seeking
comment on the Amplifier Rule as part
of the Commission’s periodic review of
the Rule to determine its current
effectiveness and impact. 73 FR 10403
(Feb. 27, 2008). As noted above, the
FRN sought comment on the continuing
need for the Rule; the costs and benefits
of the Rule; and what effects, if any,
technological or economic changes have
had on the Rule. In addition, the FRN
specifically requested comments
regarding whether the Rule should be
revised to include additional power
ratings guidance for multichannel
amplifiers, and requested comments
about the potential benefits and costs of
amendments to the Rule to address
power ratings for multichannel
amplifiers.
The Commission received two
comments in response, one from
Richard Myslinski and one from Sony
Electronics Inc. (‘‘Sony’’); these
comments are available at (https://
www.ftc.gov/os/comments/
amplifirerule/index.shtm?). Mr.
Myslinski’s sole comment was ‘‘I think
the FTC should let the free market reign
and avoid further burdensome
regulation.’’ Mr. Myslinski did not
submit any further evidence with his
comment.
Sony commented that the Amplifier
Rule serves a useful purpose, noting that
‘‘the Rule gives manufacturers a ‘brightline’ standard against which to measure
themselves and the claims of their
competitors.’’ Sony further stated that
‘‘although [power output of amplifiers]
can be objectively measured, the
measurements can be done in different
ways, thus making the claims
susceptible to manipulation,’’ and that
‘‘[t]his combination of factors makes the
Rule an important element in the
manufacturer-customer relationship,
and it should remain as such.’’
Moreover, Sony stated that ‘‘[w]ithout a
clear rule, such as the current Rule . . .,
Sony believes that there is a great deal
of risk that, at best, consumers would
not receive information useful to their
purchasing decision, or, at worst, could
be deceived by certain power output
claims.’’
More specifically, Sony suggested that
the Commission amend the Rule to
permit manufacturers to disclose power
ratings measured according to the
procedures set forth in 16 C.F.R. § 432,
according to the procedures specified in
EIA/CEA-490-A, or according to both
procedures. Sony claimed that ‘‘[t]esting
according to [EIA/CEA-490-A] would
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protect and inform consumers at least as
much as the test procedures and
disclosures currently in the Rule,’’ that
‘‘[t]he greater specificity and scope of
[EIA/CEA-490-A] would encourage
manufacturers to differentiate products
based on a number of technical
characteristics,’’ and that disclosing
power ratings under both testing
methodologies would give consumers a
more complete picture of the power of
the system.
Sony also stated that the Amplifier
Rule should not be amended to define
all channels of a multi-channel home
theater system as ‘‘associated.’’ Sony
contended that ‘‘this approach . . . would
fail to acknowledge the changes in home
audio systems over the past 34 years,
would prove unworkable in light of
ongoing developments in audio
technologies, and could stifle
innovation.’’
The Commission concludes that there
is a continuing need for the Amplifier
Rule. Sony’s comment provides
evidence that the Amplifier Rule serves
a useful purpose, while imposing
minimal costs on the industry, and the
Commission has no evidence to the
contrary.
The Commission has determined that
it will not seek to amend the Rule to
permit manufacturers to use the EIA/
CEA-490-A standard as an alternative
for rating the power output of
multichannel amplifiers. Allowing this
alternate standard would invite
consumer confusion because the EIA/
CEA-490-A standard and the Rule
would produce different testing results.2
Consequently, consumers would not be
able to compare amplifiers measured
under one standard to amplifiers
measured under the other standard – a
significant problem that led to the
promulgation of the Rule.3
The Commission also has determined
that it will not amend the Rule to define
all channels of a multi-channel home
theater system as ‘‘associated’’ channels
that must be driven to full rated power
2 For example, the EIA/CEA-490-A standard
specifies that power measurements be made at one
percent THD and at a 1000 Hz, whereas the FTC
protocol leaves the level of THD and the power
bandwidth to the discretion of the tester. In
addition, the EIA/CEA-490-A standard only
requires that one channel be driven to full rated
power, with all remaining channels driven to oneeighth power simultaneously. As set forth in this
notice, the Amplifier Rule requires that at least the
left and right front channels of multichannel
amplifiers be driven to full rated power
simultaneously.
3 Indeed, when the Commission promulgated the
Rule in 1974, it noted that at the time there were
‘‘no less than seven commonly used methods of
determining amplifier wattage ratings, all of which
will yield substantially different results.’’ 39 FR
15387, 15388.
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
simultaneously for measuring power
output. Sony commented that ‘‘the
additional channels in today’s 5.1 and
7.1 home theater systems are designed
to carry vastly different sounds at vastly
different levels,’’4 Sony commented
further that ‘‘to maintain the same power
ratings if it were necessary to drive all
channels simultaneously during testing,
virtually all manufacturers would have
to change the sound platform of their
amplifiers and receivers to be able to
sustain such output,’’ which ‘‘would
drive up the costs of production
considerably, [and] in turn drive up the
ultimate cost to consumers.’’
The Commission has received no
contrary evidence indicating that all
channels of a multi-channel home
theater system frequently would be
driven to maximum power
simultaneously during typical playback
conditions in home use. Absent such
evidence, the Rule should not be
amended.
The Commission previously stated
that it would not enforce the
‘‘association’’ requirements of Section
432.2 of the Rule until it provided
further guidance regarding which
channels need to be associated for
purposes of rating multichannel
amplifiers. The Commission now
provides that guidance. Specifically, at
a minimum, the left front and right front
channels of multichannel amplifiers are
associated under the Rule. It, therefore,
would be a violation of the Rule to make
power output claims for multichannel
amplifiers utilized in home
entertainment products unless those
representations are substantiated by
measurements made with, at a
minimum, the left front and right front
channels driven to full rated power.
The left and right front channels of
home theater multichannel amplifiers
are responsible for reproducing a
substantial portion of the musical
soundtracks of movies, as well as a
substantial portion of the program
content of music CDs and DVDs.5 These
4 Other sources support this contention. See, e.g.,
What is Surround Sound, (https://
www.customhomeaudio.net/customhomeaudio/
surroundsound.html) (Stating that in multichannel
systems ‘‘[t]here is a pair of surround sound
speakers that is placed to the side of (and slightly
above) the audience to provide the surround sound
and ambient effects’’); Mike Sokol, Surround Sound
Mixing Techniques, (2005), (https://
www.digifreq.com/digifreq/article.asp?ID=23)
(‘‘[M]ovie soundtracks [mix] . . . suround [sic] effects
in the rear.’’).
5 See, e.g., Tomlinson Holman, Surround Sound,
197 (Focal Press 2007) (discussing the soundtrack
for the beach landing scenes of the film Saving
Private Ryan, and noting the importance of a pure
stereo mix in the left front and right front channels);
What is Surround Sound, (https://
www.customhomeaudio.net/customhomeaudio/
VerDate Nov<24>2008
13:55 Jan 25, 2010
Jkt 220001
soundtracks and music program
material, like that of normal stereo
recordings, typically drive both the left
and right front channels simultaneously.
Thus, if a manufacturer does not, at a
minimum, drive the left and right front
channels to rated per channel power
during power output testing of a
multichannel amplifier, the test results
will not provide a useful measurement
of the amplifier’s ability to play such
content.6 Furthermore, the most
prominent disclosed output in any
direct or indirect representation of the
power output of a multichannel
amplifier must treat the left and right
front channels, at a minimum, as being
associated.
Finally, the Commission notes that
pursuant to § 432.2 and § 432.4 of the
Rule, marketers must express all power
output disclosures in minimum watts
‘‘per channel.’’ Consequently,
representations of aggregate power
output, such as ‘‘500 watts’’ or ‘‘500
watts total power’’ for an amplifier with
five channels that can output 100
minimum watts per channel, would not
comply with the Amplifier Rule.
IV. Conclusion
For the reasons described above, the
Commission has determined to retain
the current Amplifier Rule.
List of Subjects in 16 CFR Part 432
Amplifiers, Home entertainment
products, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010–1418 Filed 1–25–10; 11:14 am]
BILLING CODE 6750–01–S
surroundsound.html) (‘‘There is one center speaker
which carries most of the dialog . . . and part of the
soundtrack. There are left and right front speakers
that carry most of the soundtrack (music and sound
effects).’’); What is Surround Sound?, (https://
www.tech-faq.com/surround-sound.shtml) (‘‘[The
front right and front left speakers] are usually the
most important speakers in your surround sound
set up. Most of the music or sound will come from
these two speakers.’’).
6 This procedure also will promote consistency
between the per channel power output ratings for
stereo amplifiers and multichannel amplifiers.
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3987
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 381
[Docket No. RM10–14–000]
Annual Update of Filing Fees
January 20, 2010.
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Final rule; annual update of
Commission filing fees.
SUMMARY: In accordance with 18 CFR
381.104, the Commission issues this
update of its filing fees. This notice
provides the yearly update using data in
the Commission’s Management,
Administrative, and Payroll System to
calculate the new fees. The purpose of
updating is to adjust the fees on the
basis of the Commission’s costs for
Fiscal Year 2009.
DATES: Effective Date: February 25,
2010.
FOR FURTHER INFORMATION CONTACT:
Raymond D. Johnson Jr., Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First
Street, NE., Room 42–66, Washington,
DC 20426, 202–502–8402.
SUPPLEMENTARY INFORMATION:
Document Availability: In addition to
publishing the full text of this document
in the Federal Register, the Commission
provides all interested persons an
opportunity to view and/or print the
contents of this document via the
Internet through FERC’s Home Page
(https://www.ferc.gov) and in FERC’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE.,
Room 2A, Washington, DC 20426.
From FERC’s Web site on the Internet,
this information is available in the
eLibrary (formerly FERRIS). The full
text of this document is available on
eLibrary in PDF and Microsoft Word
format for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number
excluding the last three digits of this
document in the docket number field
and follow other directions on the
search page.
User assistance is available for
eLibrary and other aspects of FERC’s
Web site during normal business hours.
For assistance, contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
E:\FR\FM\26JAR1.SGM
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Agencies
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 3985-3987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1418]
=======================================================================
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FEDERAL TRADE COMMISSION
16 CFR Part 432
Trade Regulation Rule Relating to Power Output Claims for
Amplifiers Utilized in Home Entertainment Products
AGENCY: Federal Trade Commission.
ACTION: Confirmation of Rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has
completed its regulatory review of its Trade Regulation Rule Relating
to Power Output Claims for Amplifiers Utilized in Home Entertainment
Products (``Amplifier Rule'' or ``Rule''), as part of the Commission's
systematic review of all current Commission regulations and guides, and
has determined to retain the Rule in its current form. The Commission
also takes this opportunity to issue guidance concerning the testing
requirements under the Rule for measuring power ratings of multichannel
amplifiers.
DATES: This action is effective as of January 26, 2010.
ADDRESSES: Requests for copies of this notice should be sent to: Public
Reference Branch, Room 130, Federal Trade Commission, 600 Pennsylvania
Ave., NW, Washington, DC 20580. The notice also is available on the
Internet at the Commission's website, (https://www.ftc.gov).
FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney,
Division of Enforcement, Bureau of Consumer Protection, Federal Trade
Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission, as part of its oversight responsibilities, reviews
its rules and guides periodically to seek information about their costs
and benefits, as well as their regulatory and economic impact. The
information obtained assists the Commission in identifying rules and
guides that warrant modification or rescission.
On February 27, 2008, the Commission sought comment about the
Amplifier Rule, including comments regarding whether there was a
continuing need for the Rule, the impact of the Rule on the flow of
truthful information to consumers, suggested modifications to the Rule,
and the costs and benefits associated with the Rule. The Commission
also sought specific comments concerning whether the Rule should be
amended to address testing requirements for determining the power
ratings for multichannel amplifiers.
The Commission has reviewed the comments, and concludes that the
Rule continues to benefit consumers and should be retained. The
Commission also has determined that the evidence does not indicate
widespread deceptive or unfair practices that would justify any
amendments to the Rule, including amendments to the testing procedures
for multichannel amplifiers.
II. Background
In response to misleading or confusing power distortion and other
performance claims, the Commission promulgated the Amplifier Rule in
1974 to assist consumers who purchase power amplification equipment.
The Rule standardized the measurement and disclosure of various
performance characteristics of power amplification equipment intended
for home entertainment purposes. 39 FR 15387 (May 3, 1974).
In particular, the Rule requires that manufacturers fully drive all
``associated'' channels to the rated per channel power when measuring
the power output of sound amplification equipment that is designed to
amplify two or more channels simultaneously. At the time the Commission
established the Rule, the only equipment subject to this requirement
was stereo amplifiers, and thus the Rule required manufacturers to
fully drive both ``associated'' channels of such amplifiers when
measuring power output.
Technological developments have changed the market for sound power
amplification equipment since the Commission issued the Amplifier Rule.
For example, improvements in amplifier design have enabled manufactures
to
[[Page 3986]]
make even inexpensive amplifiers with inaudible levels of harmonic
distortion. Consequently, in 2000 the Commission exempted certain
advertising from the Rule's Total Harmonic Distortion (THD) disclosure
requirement. 65 FR 81232 (Dec. 22, 2000). Additionally, to address the
development of self-powered subwoofer-satellite combination speaker
systems, the Commission clarified the manner in which the Rule's
testing procedures apply to these systems.
The introduction of multichannel ``home theater'' equipment with
five or more channels also has dramatically improved consumer
amplification choices. This improvement, however, raises questions
regarding which of the new channels are ``associated'' under the Rule.
Consequently, in 2000 the Commission issued a Supplemental Notice of
Proposed Rulemaking (``SNPR'') soliciting comment on Commission
proposals to amend the definition of ``associated channels'' when
measuring the power ratings of multichannel home theater amplifiers. 65
FR 80798 (Dec. 22, 2000). The SNPR elicited only one comment from the
Consumer Electronics Association (``CEA''). CEA noted that there was no
industry consensus regarding measuring power output of multichannel
amplifiers.
On January 15, 2002, at the request of CEA, the Commission deferred
action to allow industry to form a consensus on procedures for testing
multichannel amplifiers . 67 FR 1915 (Jan. 15, 2002). Although CEA
subsequently issued a standard, designated EIA/CEA-490-A, ``Test
Methods of Measurement for Audio Amplifiers,'' the Commission's review
did not find widespread adoption of this standard.
On March 20, 2007, the Commission determined that industry had not
agreed on a power rating standard for multichannel amplifiers. 72 FR
13052 (March 20, 2007). With no industry standard in place, and with
only CEA's comment on the rulemaking record, the Commission concluded
it would not be in the public interest to amend the Rule, and
terminated its rulemaking. The Commission stated that until it provided
further guidance regarding which channels need to be associated for
purposes of rating multichannel amplifiers, it would not enforce the
association requirements of Section 432.2 of the Rule as the Rule
relates to the continuous power output per channel ratings for
multichannel amplifiers.\1\
---------------------------------------------------------------------------
\1\ 72 FR 13052, 13053.
---------------------------------------------------------------------------
III. Regulatory Review
On February 27, 2008, the Commission published a Federal Register
notice (``FRN'') seeking comment on the Amplifier Rule as part of the
Commission's periodic review of the Rule to determine its current
effectiveness and impact. 73 FR 10403 (Feb. 27, 2008). As noted above,
the FRN sought comment on the continuing need for the Rule; the costs
and benefits of the Rule; and what effects, if any, technological or
economic changes have had on the Rule. In addition, the FRN
specifically requested comments regarding whether the Rule should be
revised to include additional power ratings guidance for multichannel
amplifiers, and requested comments about the potential benefits and
costs of amendments to the Rule to address power ratings for
multichannel amplifiers.
The Commission received two comments in response, one from Richard
Myslinski and one from Sony Electronics Inc. (``Sony''); these comments
are available at (https://www.ftc.gov/os/comments/amplifirerule/index.shtm?). Mr. Myslinski's sole comment was ``I think the FTC should
let the free market reign and avoid further burdensome regulation.''
Mr. Myslinski did not submit any further evidence with his comment.
Sony commented that the Amplifier Rule serves a useful purpose,
noting that ``the Rule gives manufacturers a `bright-line' standard
against which to measure themselves and the claims of their
competitors.'' Sony further stated that ``although [power output of
amplifiers] can be objectively measured, the measurements can be done
in different ways, thus making the claims susceptible to
manipulation,'' and that ``[t]his combination of factors makes the Rule
an important element in the manufacturer-customer relationship, and it
should remain as such.'' Moreover, Sony stated that ``[w]ithout a clear
rule, such as the current Rule . . ., Sony believes that there is a
great deal of risk that, at best, consumers would not receive
information useful to their purchasing decision, or, at worst, could be
deceived by certain power output claims.''
More specifically, Sony suggested that the Commission amend the
Rule to permit manufacturers to disclose power ratings measured
according to the procedures set forth in 16 C.F.R. Sec. 432, according
to the procedures specified in EIA/CEA-490-A, or according to both
procedures. Sony claimed that ``[t]esting according to [EIA/CEA-490-A]
would protect and inform consumers at least as much as the test
procedures and disclosures currently in the Rule,'' that ``[t]he
greater specificity and scope of [EIA/CEA-490-A] would encourage
manufacturers to differentiate products based on a number of technical
characteristics,'' and that disclosing power ratings under both testing
methodologies would give consumers a more complete picture of the power
of the system.
Sony also stated that the Amplifier Rule should not be amended to
define all channels of a multi-channel home theater system as
``associated.'' Sony contended that ``this approach . . . would fail to
acknowledge the changes in home audio systems over the past 34 years,
would prove unworkable in light of ongoing developments in audio
technologies, and could stifle innovation.''
The Commission concludes that there is a continuing need for the
Amplifier Rule. Sony's comment provides evidence that the Amplifier
Rule serves a useful purpose, while imposing minimal costs on the
industry, and the Commission has no evidence to the contrary.
The Commission has determined that it will not seek to amend the
Rule to permit manufacturers to use the EIA/CEA-490-A standard as an
alternative for rating the power output of multichannel amplifiers.
Allowing this alternate standard would invite consumer confusion
because the EIA/CEA-490-A standard and the Rule would produce different
testing results.\2\ Consequently, consumers would not be able to
compare amplifiers measured under one standard to amplifiers measured
under the other standard - a significant problem that led to the
promulgation of the Rule.\3\
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\2\ For example, the EIA/CEA-490-A standard specifies that power
measurements be made at one percent THD and at a 1000 Hz, whereas
the FTC protocol leaves the level of THD and the power bandwidth to
the discretion of the tester. In addition, the EIA/CEA-490-A
standard only requires that one channel be driven to full rated
power, with all remaining channels driven to one-eighth power
simultaneously. As set forth in this notice, the Amplifier Rule
requires that at least the left and right front channels of
multichannel amplifiers be driven to full rated power
simultaneously.
\3\ Indeed, when the Commission promulgated the Rule in 1974, it
noted that at the time there were ``no less than seven commonly used
methods of determining amplifier wattage ratings, all of which will
yield substantially different results.'' 39 FR 15387, 15388.
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The Commission also has determined that it will not amend the Rule
to define all channels of a multi-channel home theater system as
``associated'' channels that must be driven to full rated power
[[Page 3987]]
simultaneously for measuring power output. Sony commented that ``the
additional channels in today's 5.1 and 7.1 home theater systems are
designed to carry vastly different sounds at vastly different
levels,''\4\ Sony commented further that ``to maintain the same power
ratings if it were necessary to drive all channels simultaneously
during testing, virtually all manufacturers would have to change the
sound platform of their amplifiers and receivers to be able to sustain
such output,'' which ``would drive up the costs of production
considerably, [and] in turn drive up the ultimate cost to consumers.''
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\4\ Other sources support this contention. See, e.g., What is
Surround Sound, (https://www.customhomeaudio.net/customhomeaudio/surroundsound.html) (Stating that in multichannel systems ``[t]here
is a pair of surround sound speakers that is placed to the side of
(and slightly above) the audience to provide the surround sound and
ambient effects''); Mike Sokol, Surround Sound Mixing Techniques,
(2005), (https://www.digifreq.com/digifreq/article.asp?ID=23)
(``[M]ovie soundtracks [mix] . . . suround [sic] effects in the
rear.'').
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The Commission has received no contrary evidence indicating that
all channels of a multi-channel home theater system frequently would be
driven to maximum power simultaneously during typical playback
conditions in home use. Absent such evidence, the Rule should not be
amended.
The Commission previously stated that it would not enforce the
``association'' requirements of Section 432.2 of the Rule until it
provided further guidance regarding which channels need to be
associated for purposes of rating multichannel amplifiers. The
Commission now provides that guidance. Specifically, at a minimum, the
left front and right front channels of multichannel amplifiers are
associated under the Rule. It, therefore, would be a violation of the
Rule to make power output claims for multichannel amplifiers utilized
in home entertainment products unless those representations are
substantiated by measurements made with, at a minimum, the left front
and right front channels driven to full rated power.
The left and right front channels of home theater multichannel
amplifiers are responsible for reproducing a substantial portion of the
musical soundtracks of movies, as well as a substantial portion of the
program content of music CDs and DVDs.\5\ These soundtracks and music
program material, like that of normal stereo recordings, typically
drive both the left and right front channels simultaneously. Thus, if a
manufacturer does not, at a minimum, drive the left and right front
channels to rated per channel power during power output testing of a
multichannel amplifier, the test results will not provide a useful
measurement of the amplifier's ability to play such content.\6\
Furthermore, the most prominent disclosed output in any direct or
indirect representation of the power output of a multichannel amplifier
must treat the left and right front channels, at a minimum, as being
associated.
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\5\ See, e.g., Tomlinson Holman, Surround Sound, 197 (Focal
Press 2007) (discussing the soundtrack for the beach landing scenes
of the film Saving Private Ryan, and noting the importance of a pure
stereo mix in the left front and right front channels); What is
Surround Sound, (https://www.customhomeaudio.net/customhomeaudio/surroundsound.html) (``There is one center speaker which carries
most of the dialog . . . and part of the soundtrack. There are left
and right front speakers that carry most of the soundtrack (music
and sound effects).''); What is Surround Sound?, (https://www.tech-faq.com/surround-sound.shtml) (``[The front right and front left
speakers] are usually the most important speakers in your surround
sound set up. Most of the music or sound will come from these two
speakers.'').
\6\ This procedure also will promote consistency between the per
channel power output ratings for stereo amplifiers and multichannel
amplifiers.
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Finally, the Commission notes that pursuant to Sec. 432.2 and
Sec. 432.4 of the Rule, marketers must express all power output
disclosures in minimum watts ``per channel.'' Consequently,
representations of aggregate power output, such as ``500 watts'' or
``500 watts total power'' for an amplifier with five channels that can
output 100 minimum watts per channel, would not comply with the
Amplifier Rule.
IV. Conclusion
For the reasons described above, the Commission has determined to
retain the current Amplifier Rule.
List of Subjects in 16 CFR Part 432
Amplifiers, Home entertainment products, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-1418 Filed 1-25-10; 11:14 am]
BILLING CODE 6750-01-S