Goto Section: 73.9001 | 73.9003 | Table of Contents
FCC 73.9002
Revised as of October 1, 2008
Goto Year:2007 |
2009
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.
Goto Section: 73.9001 | 73.9003
Goto Year: 2007 |
2009
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public