Goto Section: 73.9007 | 73.9009 | Table of Contents
FCC 73.9008
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 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 § 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 § 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: 2009 |
2011
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