§  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 § 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 § § 0.441 through 0.470
   of this chapter.

   (e) The requirements of this section shall become applicable on July 1,
   2005.