[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR73.9002]

[Page 415-416]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 73_RADIO BROADCAST SERVICES--Table of Contents
 
      Subpart M_Digital Broadcast Television Redistribution Control
 
Sec. 73.9002  Sale or distribution of demodulators, covered demodulator 
products, and peripheral TSP products.

    (a) Demodulators. No party that manufactures or imports a 
demodulator shall sell or distribute in interstate commerce such 
Demodulator unless:
    (1) At the time of such sale or distribution such demodulator is 
itself, or is incorporated into, a product that complies with the 
demodulator compliance requirements and was manufactured in accordance 
with the demodulator robustness requirements; or
    (2) Such sale or distribution is to a party that has committed in 
writing pursuant to paragraph (d) of this section not to sell or 
distribute demodulators other than in accordance with paragraphs (a)(1) 
or (a)(2) of this section.
    (b) Covered demodulator products. No party shall sell or distribute 
in interstate commerce a covered demodulator product that does not 
comply with the demodulator compliance requirements and demodulator 
robustness requirements. The requirements of this paragraph shall not 
apply to the sale or resale of a product that was manufactured prior to 
the effective date of this subpart or that initially was sold or 
distributed in compliance with this subpart.
    (c) Peripheral TSP products. No party that manufactures or imports a 
peripheral TSP product shall sell or distribute such peripheral TSP 
product in interstate commerce unless, at the time of such sale or 
distribution, such peripheral TSP product complies with the demodulator 
compliance requirements and was manufactured in accordance with the 
demodulator robustness requirements. The requirements of this paragraph 
shall not apply to the sale or resale of a product that was manufactured 
prior to the effective date of this subpart or that was initially was 
sold or distributed in compliance with this subpart.
    (d) Written commitments. (1) A written commitment to allow sale or 
distribution of demodulators under paragraph (a)(2) of this section, or 
for a peripheral TSP product, shall be submitted to the Federal 
Communications Commission, Chief, Media Bureau, Attn: Broadcast Flag 
Written Commitment, 445 12th Street, SW., Washington, DC 20554.
    (2) The information to be provided by a party filing a written 
commitment to allow sale or distribution of demodulators under paragraph 
(a)(2) of this section shall include a statement that one of the 
following conditions is true:
    (i) The party is a bona fide reseller;
    (ii) The party is a licensed digital television broadcaster; or
    (iii) The party is a multichannel video programming distributor, or

[[Page 416]]

other party engaged, or about to become engaged, in the lawful 
retransmission of unencrypted digital terrestrial broadcast content 
pursuant to Sec. 76.1909 of this chapter.
    (3) The information to be provided by a party filing a written 
commitment for a peripheral TSP product shall include statements that 
that the party is engaged, or about to become engaged, in the lawful 
commercial enterprise of manufacturing such peripheral TSP product, and 
that such product will comply with the demodulator compliance 
requirements and be manufactured in accordance with the demodulator 
robustness requirements.
    (4) It shall be a violation of this subpart, enforceable by the 
Commission, for any person that has filed a written commitment pursuant 
to paragraph (d) of this section to:
    (i) In the case such commitment to allow sale or distribution of 
demodulators under paragraph (a)(2) of this section, sell or distribute 
the demodulator other than in accordance with paragraphs (a)(1) or 
(a)(2) of this section; or
    (ii) In the case of such commitment for a peripheral TSP product, 
sell or distribute the peripheral TSP product other than in compliance 
with paragraph (c) of this section.
    (5) Written commitments filed pursuant to paragraph (d) of this 
section will be publicly available in accordance with Sec. Sec. 0.441 
through 0.470 of this chapter.
    (e) The requirements of this section shall become applicable on July 
1, 2005.