[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38845-38848]
From the Federal Register Online via the Government Publishing 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: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://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: [email protected] 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: [email protected], 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: http://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 http://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 [email protected], 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]
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