[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.1904]



[Page 728-729]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

                        Subpart W_Encoding Rules

 

Sec. 76.1904  Encoding rules for defined business models.



    (a) Commercial audiovisual content delivered as unencrypted 

broadcast television shall not be encoded so as to prevent or limit 

copying thereof by covered products or, to constrain the resolution of 

the image when output from a covered product.

    (b) Except for a specific determination made by the Commission 

pursuant to a petition with respect to a defined business model other 

than unencrypted broadcast television, or an undefined business model 

subject to the procedures set forth in Sec. 76.1906:

    (1) Commercial audiovisual content shall not be encoded so as to 

prevent or limit copying thereof except as follows:



[[Page 729]]



    (i) To prevent or limit copying of video-on-demand or pay-per-view 

transmissions, subject to the requirements of paragraph (b)(2) of this 

section; and

    (ii) To prevent or limit copying, other than first generation of 

copies, of pay television transmissions, non-premium subscription 

television, and free conditional access delivery transmissions; and

    (2) With respect to any commercial audiovisual content delivered or 

transmitted in form of a video-on-demand or pay-per-view transmission, a 

covered entity shall not encode such content so as to prevent a covered 

product, without further authorization, from pausing such content up to 

90 minutes from initial transmission by the covered entity (e.g., frame-

by-frame, minute-by-minute, megabyte by megabyte).