[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 3985-3987]
From the Federal Register Online via the Government Publishing 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.
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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, (http://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\
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\1\ 72 FR 13052, 13053.
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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 (http://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, (http://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), (http://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, (http://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?, (http://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