[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Rules and Regulations]
[Pages 40760-40761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19702]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[GEN Docket No. 91-1; FCC 95-309]


Television Closed-Caption Decoding Circuitry

AGENCY: Federal Communications Commission.

ACTION: Final rule; Order.

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SUMMARY: This order deletes the requirement for television receivers to 
incorporate closed-caption decoder circuitry that is compatible with a 
cable television copy protection system developed by Eidak Corporation. 
This change was requested by the Consumer Electronics Group of the 
Electronic Industries Association. This action will relieve electronics 
manufacturers and consumers of the burden involved in incorporating 
special circuitry in television receivers for a technology that is not 
used by cable systems.

EFFECTIVE DATE: August 10, 1995.

FOR FURTHER INFORMATION CONTACT:
John A. Reed, Office of Engineering and Technology, (202) 776-1627.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in GEN Docket No. 91-1, adopted July 25, 1995, and released August 3, 
1995.
    The complete text of this Order is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, NW., Washington, DC, and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc., (202) 857-3800, 2100 M Street, NW, Suite 140, 
Washington, DC 20037.

Paperwork Reduction

    This action will not modify the information collection requirements 
contained in the current regulations.

Summary of the Order

    1. The Commission is granting a request by the Consumer Electronics 
Group of the Electronic Industries Association (EIA) for partial relief 
of the Commission's closed-caption decoder circuitry requirements for 
television receivers. Specifically, this action deletes the requirement 
that television receivers, manufactured after January 1, 1995, 
incorporate closed-caption decoder circuitry that is compatible with a 
cable television copy protection system developed by Eidak Corporation. 
This action will relieve electronics manufacturers and consumers of the 
burden involved in incorporating special circuitry in television 
receivers for a technology that is not used by cable systems.
    2. 47 CFR 15.119 requires that all television broadcast receivers 
with screen sizes equal to, or greater, 33 cm (13 inches) that were 
manufactured or imported on or after July 1, 1993 must be capable of 
receiving and displaying closed-captions. These rules also specify 
technical standards for the reception and display of such captioning. 
Previously, in the Memorandum Order and Opinion in this proceeding, 57 
FR 19093, May 4, 1992, the Commission observed that existing closed-
caption decoders may not function when the television signals are 
processed by some security systems designed to prevent unauthorized 
reception of cable service. It therefore adopted an additional 
requirement that the closed-caption circuitry of television receivers 
must function properly when receiving signals from all commonly known 
and used cable security systems designed and marketed prior to April 5, 
1991.
    3.Shortly prior to April 5, 1991, Eidak designed and marketed a 
copy protection system that was intended to prevent the video taping of 
certain programs carried by cable television systems or broadcast 
stations. The Eidak system dynamically changes the number of lines and 
the timing of the television picture. While these changes are not 
readily apparent to television viewers, video tape recorders, dependent 
on accurate and consistent timing, cannot copy Eidak-protected 
material. However, the Eidak system also interferes with the ability of 
existing closed-caption decoders to locate line 21 of the television 
broadcast signal, the line on which closed-caption information is 
carried. Thus, existing closed-caption decoders do not function 
properly when closed-caption information is processed by the Eidak 
system. For this reason, television receiver manufacturers would need 
to develop and incorporate in their products special circuitry that is 
only necessary for compatibility with Eidak-processed signals. 
Recognizing that the Eidak system was not widely used, the Commission 
provided television receiver manufacturers with additional time, until 
January 1, 1995, to incorporate Eidak compatibility within their 
closed-caption circuitry.
    4. On September 29, 1994, EIA submitted a Petition for Rule Making 
and a Petition for Partial Waiver requesting relief from Sec. 15.119(l) 
as it applies to Eidak's copy protection system. In these petitions, 
EIA states that no cable systems are using the Eidak technology. EIA 
further states that Eidak's copy protection system is a technology that 
has never been, is not now, and is not ever likely to be used by a 
cable system. EIA asks that the Commission either amend or waive 
Sec. 15.119(l) with respect to the Eidak systems to relieve 
manufacturers and purchasers of television receivers of the expense and 
burden that is no longer necessary. On October 13, 1994, the Commission 
issued a Public Notice requesting comments on the EIA petitions. All of 
the commenting parties support EIA's request for relief.
    5. Prior to receipt of the petitions from EIA, the Commission, on 
June 6, 1994, contacted the current holder of the rights to the Eidak 
technology, Mr. Richard Leghorn, to determine whether or not this 
technology was being employed by cable systems. In response, we were 
informed by Mr. Leghorn that ``there are no cable systems using the 
Eidak technology.'' Mr. Leghorn indicated that the Eidak copy 
protection capability currently is incorporated in a cable satellite 
network with equipment in cable head-ends and in ``a pay-per-view 
Colorado test site jointly operated by TCI, AT&T and U.S. West.'' He 
added that ``it would be unfortunate if the option which the industry 
has to avail [itself] of Eidak's copy protection capabilities were to 
be removed by deletion of the requirements of Sec. 15.119(l) of the 
Commission's rules.''

[[Page 40761]]

    6. We generally agree with Mr. Leghorn that maintaining regulations 
that require closed-caption reception to be compatible with copy 
protection systems is beneficial to consumers. However, we note that 
the Eidak system had not been implemented or used as an actual cable 
security system prior to April 5, 1991. Now, four years after the 
implementation of the closed-caption decoding requirements, the Eidak 
system has still not been widely implemented by cable systems or other 
industries. In view of the fact that the Eidak system has not achieved 
any significant acceptance by the cable industry, we now find that it 
is not necessary to require that the closed-caption circuitry of TV 
receivers be capable of functioning when receiving signals encoded with 
the Eidak technology.
    7. Accordingly, it is ordered, that the provisions of 
Sec. 15.119(l) of the regulations for providing closed-caption 
compatibility do not apply to the Eidak system. This action provides 
the relief sought in the Petition for Partial Waiver and the Petition 
for Rule Making filed by the Electronic Industries Association. The 
authority for this action is contained in sections 4(i), 302, 303(e), 
303(f), and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. sections 154(i), 302, 303(r). In accordance with 5 USC 553(b), a 
Notice of Proposed Rule Making is unnecessary since this action is an 
interpretation of the existing regulations.

List of Subjects in 47 CFR Part 15

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-19702 Filed 8-9-95; 8:45 am]
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