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.