[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Rules and Regulations]
[Page 53991-53993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se06-13]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 05-24; FCC 06-123]
DTV Tuner Requirements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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[[Page 53992]]
SUMMARY: This document addresses a Petition for Reconsideration or
Clarification of the Commission's Second Report and Order in this
proceeding, submitted on behalf of PDI Communications Systems, Inc.
(PDI) and a subsequent Supplement to Petition for Clarification also
filed on behalf of PDI in this same matter.
DATES: Effective October 13, 2006.
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 Order,
ET Docket No. 05-24, FCC 06-123, adopted August 15, 2006 and released
August 17, 2006. The full text of this document is available on the
Commission's Internet site at http://www.fcc.gov. It is also available
for inspection and copying during regular business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC
20554. The full text of this document also may be purchased from the
Commission's duplication contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554;
telephone (202) 488-5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM.
Summary of the Order
1. The Commission addressed a Petition for Reconsideration or
Clarification of the Commission's Second Report and Order in ET Docket
No. 05-24, 70 FR 75739, December 21, 2005, submitted on behalf of PDI
Communications Systems, Inc. (PDI) and a subsequent Supplement to
Petition for Clarification also filed on behalf of PDI in this same
matter. In the Second Report and Order, the Commission amended its
rules to advance to March 1, 2007 the date on which new broadcast
television receivers with screen sizes 13-24'' and certain other
broadcast TV receiving devices that do not have screens, such as VCRs
and video recorders, must include the capability to receive broadcast
digital television signals (DTV tuner requirement), and required new
receivers with screen sizes smaller than 13'' to incorporate this
capability on the same schedule.
2. PDI's request concerns the application of the DTV tuner
requirement to new broadcast television receivers with screen sizes
less than 13'', and specifically the application of that requirement to
a specialized video system PDI manufactures and distributes for use in
the healthcare industry. PDI asks that the Commission clarify the rules
as adopted in the Second Report and Order to state that the DTV tuner
requirement does not apply to the viewing units included in specialized
video systems such as the PDI system. Alternately, it asks the
Commission to modify its rules to provide on a case-by-case basis,
waivers for viewing units used in specialized video systems when the
application of the rule would not advance the Commission's stated
objectives in the Second Report and Order.
3. Upon examining PDI's petition, supplemental filing, and the
accompanying attachments, the Commission concludes that the viewing
units in PDI's video system are television broadcast receivers as
defined in Section 15.3(w) of the Commission's rules to which the DTV
tuner requirement applies. In this regard, the Commission observes that
the petition indicates that the PDI viewing units can be used to
receive off-the-air signals. We further observe that the user manuals
for the PERSONA 9 and PERSONA 10 viewing unit models specifically
indicate that the units' channel setup features are configured to
autoprogram for reception of ``air'' signals. In the broadcast
reception mode, the cable providing both program signals and power
connects to an antenna through the central system. The design feature
by which the off-the-air signals are routed through the central system
does not alter the fact that the video units can receive signals off-
the-air (and apparently in some instances are used for that purpose).
4. The Commission does not find merit in PDI's argument that
requiring its viewing units to include DTV tuners would not advance the
Commission's goals in applying that requirement to smaller screen
receivers. In the Second Report and Order, the Commission stated that,
as it observed in first adopting the DTV tuner requirement, consumers
must be able to receive digital TV signals for the DTV transition to
move forward to a successful completion. To that end, the Commission's
goal is to maximize the number of TV receivers on the market, with a
final goal that all new television receiver products include a tuner as
quickly as possible. While the PDI viewing units are different than
most TV receivers with screens smaller than 13'' in that they are
designed to receive service from a separate antenna connected through a
cable rather than an attached antenna, that does not alter the fact
that the PDI units would not be able to receive off-the-air TV signals
when analog TV service ends unless they include a DTV tuner.
5. If the PDI viewing units are not able to receive digital TV
service after the transition ends, those patients who view off-the-air
TV signals on them, as well as the health care providers who own and
operate the systems, will lose the benefits of that service. In this
regard, the Commission recognizes that when analog TV service ends
those PDI systems that are configured with analog only viewing units
will not be able to offer off-the-air TV service. Applying the DTV
tuner requirement to new viewing units will include the PDI systems in
the transition process and minimize the number of viewing units that
will need to be replaced when analog service ends. Therefore, the
Commission will not exempt viewing units that are included in
specialized video systems as described by PDI from the DTV tuner
requirement.
6. The Commission also concludes that it would be inconsistent with
these goals to establish a process that would provide for favorable
treatment of requests for waiver of the DTV tuner requirement for TV
receivers used in specialized video systems. As indicated, the
Commission believes it is important to ensure that new TV receiver
products include DTV reception as soon as possible.
7. The Commission recognizes PDI's position that the process for
meeting the safety requirements for equipment used in medical
facilities, coupled with PDI's position as a smaller manufacturer, may
pose difficulties for PDI in meeting the March 1, 2007 effective date
when all new TV receivers must comply with the DTV tuner requirement.
In view of these circumstances, and pursuant to PDI's request that the
Commission provide for a waiver of the rules in such cases, we find
that a limited waiver of the DTV tuner requirement under the provisions
of Section 1.3 is warranted to allow PDI additional time to bring the
existing models of its viewing units into compliance. In this limited
case of receivers used as part of a system intended for use in health
care facilities, the Commission finds that providing an additional year
for PDI Communications to bring its existing video system viewing unit
models into compliance would serve the public interest without
otherwise compromising its goals for ensuring that consumers are able
to view broadcasters' digital television signals.
8. The Commission therefore denies PDI Communications Systems,
Inc.'s requests that it: (1) Determine that the DTV reception
requirement in Sec. 15.117(i) of the Commission's rules
[[Page 53993]]
does not apply to its video system or (2) modify its rules to provide a
waiver procedure by which parties may seek a waiver of the March 1,
2007 effective date of that requirement for monitors used in
specialized video systems. The Commission, however, is extending the
date on which new units of the PERSONA 9 (Model PDI-P9TV) and PERSONA
10 (Model PDI-P10-LCD) viewing unit components of the PDI video system
must comply with the DTV tuner requirement to March 1, 2008. That is,
PDI Communications System, Inc. may continue to import and/or ship in
interstate commerce units of its PERSONA 9 and PERSONA 10 viewing units
that do not include the capability to receive broadcast television
signals until February 28, 2008; on March 1, 2008 and thereafter new
units of those products that are imported or shipped in interstate
commerce must comply with the DTV tuner requirement.
Ordering Clause
9. The Congressional Review Act (CRA) was addressed in the Second
Report and Order released by the Commission, November 8, 2005, in ``In
the Matter of Requirements for Digital Television Receiving Capability,
in this proceeding, FCC 05-190, 70 FR 75739, December 21, 2005. This
Order does not change any rules it only extends the date on which new
units of the PERSONA 9 (Model PDI-P9TV) and PERSONA 10 (Model PDI-P10-
LCD) viewing unit components of the PDI video system must comply with
the DTV tuner requirement to March 1, 2008.
10. Pursuant to the authority contained in sections 2(a), 4(i) and
(j), 7, 151, and 303 of the Communications Act of 1934, as amended, 47
U.S.C. 152(a), 154(i) and (j), 157, 303, and 405, and sections 1.3 and
1.106 of the Commission's rules, 47 CFR 1.3 and 1.106, the Petition for
Reconsideration or Clarification submitted by John S. Logan on behalf
of PDI Communications, Inc. is denied in part and granted in part.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-15067 Filed 9-12-06; 8:45 am]
BILLING CODE 6712-01-P