Goto Section: 73.9007 | 73.9009 | Table of Contents
FCC 73.9008
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 73.9008 Interim approval of authorized digital output protection
technologies and authorized recording methods.
(a) Certifications for digital output protection technologies and authorized
recording methods. The proponent of a specific digital output protection
technology or recording method seeking approval for use in covered
demodulator products shall certify to the Commission that such digital
output protection technology or recording method is appropriate for use in
covered demodulator products to give effect to the broadcast flag. Such
certification shall include the following information:
(1) A general description of how the digital output protection technology or
recording method works, including its scope of redistribution;
(2) A detailed analysis of the level of protection the digital output
protection technology or recording method affords content;
(3) Information regarding whether content owners, broadcasters or equipment
manufacturers have approved or licensed the digital output protection
technology or recording method for use; and
(4) If the technology is to be offered publicly, a copy of its licensing
terms, and fees, as well as evidence demonstrating that the technology will
be licensed on a reasonable, non-discriminatory basis.
(5) If any of the information is proprietary in nature, the proponent may
seek confidential treatment of the proprietary portion of their
certification pursuant to Sec. 0.459 of this chapter.
(b) Initial certification window. Following the effective date of this
subpart, the Commission shall issue a public notice commencing an initial
certification window for digital output protection technologies or recording
methods. Within thirty (30) days after the date of this public notice,
proponents of digital output protection technologies or recording methods
may file certifications pursuant to paragraph (a) of this section. Following
close of the initial certification window, the Commission shall issue a
public notice identifying the certifications received and commencing an
opposition window. Within twenty (20) days after the date of this public
notice, oppositions may be filed with respect to a certification.
(1) If no objections are received in response to a proponent's certification
within the twenty (20) day opposition window, the Commission shall
expeditiously issue a determination indicating whether the underlying
digital output protection technology or recording method is approved for use
with covered demodulator products.
(2) If an objection is raised within the twenty (20) day opposition window
alleging that a proponent's certification contains insufficient information
to evaluate the appropriateness of the underlying digital output protection
technology or recording method for use with covered demodulator products,
the proponent may file a reply within 10 days after the close of the twenty
(20) day opposition window. The Commission shall determine whether to
dismiss the certification without prejudice or to undertake a full review of
the certification's merits pursuant to paragraph (d) of this section.
(3) If an objection is raised within the twenty (20) day opposition window
alleging that a proponent's digital output protection technology or
recording method is inappropriate for use with covered demodulator products,
the Commission shall undertake a full review of the associated
certification's merits pursuant to paragraph (d) of this section. The
proponent may file a reply within 10 days after the close of the twenty (20)
day opposition window. In such cases, the Commission shall issue a
determination indicating whether the underlying digital output protection
technology or recording method is approved for use with covered demodulator
products.
(c) Effect of subsequent certifications. Where a proponent of a digital
output protection technology or recording method files a certification
pursuant to paragraph (a) of this section subsequent to the initial
certification window described in paragraph (b) of this section:
(1) If no objections are received in response to a proponent's certification
within twenty (20) days after the date of public notice of the filing of
such certification, the Commission shall expeditiously issue a determination
indicating whether the underlying digital output protection technology or
recording method is approved for use with covered demodulator products.
(2) If an objection is raised within twenty (20) days after the date of
public notice of the filing of a proponent's certification alleging that
such certification contains insufficient information to evaluate the
appropriateness of the underlying digital output protection technology or
recording method for use with covered demodulator products, the proponent
may file a reply within 10 days after the close of the twenty (20) day
opposition window. The Commission shall determine whether to dismiss the
certification without prejudice or to undertake a full review of the
certification's merits pursuant to paragraph (d) of this section.
(3) If an objection is raised within twenty (20) days after the date of
public notice of the filing of a proponent's certification alleging that the
underlying digital output protection technology or recording method is
inappropriate for use with covered demodulator products, the proponent may
file a reply within 10 days after the close of the twenty (20) day
opposition window. The Commission shall undertake a full review of the
certification's merits pursuant to paragraph (d) of this section. In such
cases, the Commission shall issue a determination indicating whether the
underlying digital output protection technology or recording method is
approved for use with covered demodulator products.
(d) Commission determinations. Where the Commission undertakes a full review
of the merits of a certification for a digital output protection technology
or recording method, the Commission may consider, where applicable, the
following factors:
(1) Technological factors including but not limited to the level of
security, scope of redistribution, authentication, upgradability,
renewability, interoperability, and the ability of the digital output
protection technology to revoke compromised devices;
(2) The applicable licensing terms, including compliance and robustness
rules, change provisions, approval procedures for downstream transmission
and recording methods, and the relevant license fees;
(3) The extent to which the digital output protection technology or
recording method accommodates consumers' use and enjoyment of unencrypted
digital terrestrial broadcast content; and
(4) Any other relevant factors the Commission determines warrant
consideration.
(e) Revocation of approval. (1) If the security of a content protection
technology or recording method approved for use in covered demodulator
products has been compromised, a person may seek revocation of such approval
pursuant to Sec. 76.7 of this chapter.
(2) Petitioners seeking revocation of a content protection technology or
recording method's approval for use in covered demodulator products shall
articulate in detail the extent to which the content protection or recording
technology has been compromised and demonstrate why alternative measures are
insufficient to address the breach in security.
Goto Section: 73.9007 | 73.9009
Goto Year: 2005 |
2007
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