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 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 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.