[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Proposed Rules]
[Page 17623-17624]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-21]
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FEDERAL TRADE COMMISSION
16 CFR Part 410
Deceptive Advertising as to Sizes of Viewable Pictures Shown by
Television Receiving Sets
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
requests public comment on the overall costs, benefits, and regulatory
and economic impact of its Rule concerning Deceptive Advertising as to
Sizes of Viewable Pictures Shown by Television Receiving Sets (``Rule''
or ``Picture Tube Rule''), as part of the Commission's systematic
review of all current Commission regulations and guides.
DATES: Written comments will be accepted until Monday, June 6, 2005.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Picture Tube Rule Regulatory Review, Matter
No. P924214'' to facilitate the organization of comments. A comment
filed in paper form should include this reference both in the text and
on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission/Office of the Secretary, Room H-159
(Annex B), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments
containing confidential material must be filed in paper form and the
first page of the document must be clearly labeled ``Confidential.''
The FTC is requesting that any comment filed in paper form be sent by
courier or overnight service, if possible, because postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions. Comments filed in electronic form
should be submitted by clicking on the following: https://secure.commentworks.com/ftc-picture
and following the instructions on
the Web-based form. To ensure that the Commission considers an
electronic comment, you must file it on the Web-based form at https://secure.commentworks.com/ftc-picture
.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC Web
site, to the extent practicable, at http://www.ftc.gov. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC Web site. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Neil Blickman, (202) 326-3038,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission's Picture Tube Rule, like the other trade regulation
rules issued by the Commission, ``define[s] with specificity acts or
practices which are unfair or deceptive acts or practices in or
affecting commerce. Such rules may include requirements prescribed for
the purpose of preventing such acts or practices. A violation of a rule
shall constitute an unfair or deceptive act or practice in violation of
section 5(a)(1) of the [Federal Trade Commission] Act, unless the
Commission otherwise expressly provides in its rule.'' 16 CFR 1.8.
The Picture Tube Rule, promulgated in 1966, sets forth the
appropriate means for disclosing the method by which the dimensions of
television screens are measured, when this measurement is included in
any advertisement or promotional material for the television set. The
purpose of the Rule is to establish uniformity in measuring television
screens, and advise consumers of this method, thereby aiding comparison
shopping for televisions. Under the Rule, any representation of the
screen size must be based on the horizontal dimension of the actual,
viewable picture area. Using any other measurement is unfair and
deceptive, unless the method of measurement is clearly and
conspicuously disclosed in close proximity to the size designation. The
Rule notes that the horizontal measurement must not take into account
any curvature of the tube. Further, disclosing the method of
measurement in a footnote rather than in the body of the advertisement
does not constitute a disclosure in close proximity to the measurement.
The Rule includes examples of both proper and improper representations
of size descriptions.
In 1994, the Rule was amended to clarify some of the Rule's
compliance illustrations, provide metric equivalents for the
measurements stated in inches in the Rule's examples, and add a new
Note 3 to the Rule to explain that the inclusion of metric figures is
for information purposes only and does not impose a requirement on the
industry to use metric measurements. 59 FR 54809 (Nov. 2, 1994).
Since the Rule was last subject to regulatory review and amended in
1994, broadcasting and television technology have advanced
significantly, and an array of new types of televisions are available
in the marketplace for consumers. The technological change with the
closest nexus to the Rule is the introduction of digital television,
including high definition television, and the advent of new wider
screen televisions to display these enhanced digital pictures. New
television display technologies available today include thin, flat
panel televisions with either liquid crystal displays or plasma display
panels. In addition, there have been advances in the quality and
popularity of front and rear, big screen, projection televisions.
Accordingly, the Commission seeks comment on the effect, if any, that
advances in television technology have had on the Rule.
II. Regulatory Review Program
The Commission has determined to review all Commission rules and
guides periodically. These reviews seek information about the costs and
benefits of the Commission's rules and guides and their regulatory and
economic impact. The information obtained assists the Commission in
identifying rules and guides that warrant modification or rescission.
Therefore, the Commission solicits comment on, among other things, the
economic impact of its Picture Tube Rule; possible conflict between the
Rule and state, local, or other federal laws; and the effect on the
Rule of any technological, economic, or other industry changes.
III. Request for Comment
The Commission solicits written public comment on the following
questions:
(1) Is there a continuing need for the Rule as currently
promulgated?
(2) Has the television industry adopted the Rule's disclosure
requirements as part of its routine business practice? If so, how, and
what
[[Page 17624]]
effect, if any, does this have on the continuing need for the Rule?
(3) What benefits has the Rule provided to purchasers of the
products or services affected by the Rule?
(4) Has the Rule imposed costs on purchasers?
(5) What changes, if any, should be made to the Rule to increase
the benefits of the Rule to purchasers? How would these changes affect
the costs the Rule imposes on firms subject to its requirements? How
would these changes affect the benefits to purchasers?
(6) What significant burdens or costs, including costs of
compliance, has the Rule imposed on businesses, whether large or small,
subject to its requirements? Has the Rule provided benefits to such
businesses? If so, what benefits?
(7) What changes, if any, should be made to the Rule to reduce the
burdens or costs imposed on firms subject to its requirements? How
would these changes affect the benefits provided by the Rule?
(8) Does the Rule overlap or conflict with other federal, state, or
local laws or regulations?
(9) Since the Rule was issued, what effects, if any, have changes
in relevant television technology, such as the 16:9 aspect ratio for
high definition television displays, marketing methods, such as online
sales, or economic conditions had on the Rule?
List of Subjects in 16 CFR Part 410
Advertising, Picture tubes, Television sets, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-6960 Filed 4-6-05; 8:45 am]
BILLING CODE 6750-01-P