First Phase of FCC's Plan To Require TV Receivers to Include DTV Tuners Took Effect July 1, 2004

(The FCC's plan was outlined in a final rule published in the October 11, 2002 Federal Register. The FCC states that its October 11, 2002 final rule summarizes the FCC's Second Report and Order and Second Memorandum Opinion and Order (MM Docket 00-39, FCC 02-230), which was adopted by the FCC on August 8, 2002.)

The FCC's regulations on TV broadcast receivers in 47 CFR 15.117(i) (as amended by its October 11, 2002 final rule), state that responsible parties, as defined in 47 CFR 2.909 (generally the manufacturer or importer), are required to equip new TV broadcast receivers that are shipped in interstate commerce or imported from any foreign country into the U.S. and for which they are responsible to comply with the provisions of 47 CFR 15.117 in accordance with the following schedule:

Receivers with screen sizes 36" and above:

1. of a responsible party's units must include DTV tuners effective July 1, 2004
2. % of such units must include DTV tuners effective July 1, 2005

Receivers with screen sizes 25" to 36":

1. of a responsible party's units must include DTV tuners effective July 1, 2005
2. % of such units must include DTV tuners effective July 1, 2006

Receivers with screen sizes 13" to 24":

1. % of all such units must include DTV tuners effective July 1, 2007

Other devices (videocassette recorders (VCRs), digital video disk and digital versatile disk (DVD) players/recorders, etc.) that receive television signals:

1. % of all such units must include DTV tuners effective July 1, 2007

(The FCC notes that for purposes of this implementation schedule, screen sizes are to be measured diagonally across the picture viewing area.)

The FCC's October 11, 2002 final rule notes that in order to minimize the impact on costs to manufacturers, receivers will only be required to have the capability to receive and decode over-the-air DTV signals. Thus, TV sets subject to the DTV tuner requirement will only have to provide useable picture and sound commensurate with their video and sound capabilities when receiving any of the recognized Advanced Television System Committee (ATSC) video formats; there is no requirement for full HDTV capability.

According to the FCC regulations, responsible parties may include combinations of DTV monitors and set-top DTV tuners in meeting the required percentages of units with a DTV tuner if such combinations are marketed together with a single price.

Exception to DTV tuner requirement. The FCC regulations also state that the requirement for equipping new TV broadcast receivers with DTV reception capability does not apply to units with integrated tuners/displays that have screen sizes measuring less than 7.8 inches vertically, i.e., the vertical measurement of a screen in the 4:3 aspect ratio that measures 13" diagonally across the picture viewing area.

FCC to Rely on 'Good Faith' Compliance by Importers and Manufacturers

FCC sources have stated by phone that they will be relying on 'good faith' compliance by television receiver importers and manufacturers with these new requirements.

However, sources note that if they find that television receiver importers and manufacturers are not complying with these requirements, the FCC could implement some form of recordkeeping requirement to ensure such compliance.

FCC contact - Alan Stillwell (202) 418-2925FCC final rule (FR Pub 10/11/02) available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-25767-filed.pdf.

BP Note

On October 28, 2003, the U.S. Court of Appeals for the District of Columbia Circuit denied a petition from the Consumer Electronics Association requesting that it review the FCC's final order requiring that all televisions with a display of 13 inches or greater and certain other devices capable of receiving over-the-air television signals to include a tuner capable of receiving and decoding DTV signals. The court found the FCC's Digital Tuner Order to be a reasonable exercise of its authority under the All Channel Receiver Act (ACRA, 47 USC 303(s)).