[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63290-63294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25767]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 73

[MM Docket 00-39; FCC 02-230]


Conversion to Digital Television

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to require that 
new broadcast television receiving equipment include the capability to 
receive digital television (DTV) signals and to reference the most 
recent version of the Advanced Television System Committee's (ATSC) DTV 
standard. It also refrains at this time from adopting labeling 
requirements for TV receivers that are not able to receive over-the-air 
digital broadcast signals and denies a petition for reconsideration 
requesting that the Commission consider imposing minimum performance 
thresholds for DTV receivers if manufacturers do not promptly implement 
performance standards on their own.

DATES: This rule is effective November 12, 2002. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Federal Register as of November 12, 2002.

FOR FURTHER INFORMATION CONTACT: Alan Stillwell, Office of Engineering 
and Technology, (202) 418-2925, TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order and Second Memorandum Opinion and Order in MM Docket 
00-39, FCC 02-230, adopted August 8, 2002 and released August 9, 2002. 
The full text of this document is available for inspection and copying 
during regular business hours in the FCC Reference Center (Room CY-
A257), 445 12th Street, SW., Washington, DC 20554. It is also available 
on the Commission's internet site at http://www.fcc.gov. The complete 
text of this document also may be purchased from the Commission's 
duplication contractor Qualex International, (202) 863-2893 voice, 
(202) 863-2898 Fax, [email protected] email, Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554.

Summary of Second Report and Order and Second Memorandum Opinion and 
Order

    1. DTV Reception Capability. In the Report and Order and Further 
Notice of Proposed Rule Making (Report and Order/Further NPRM), 66 FR 
65122, January 18, 2001, the Commission recognized the arguments of 
broadcasters that DTV receivers are not yet available in the market in 
large quantities, and certainly not in sufficient volume to support a 
rapid transition to an all-digital broadcast television service. It 
therefore requested comment on whether it should require that new TV 
receivers have the capability to demodulate and decode over-the-air DTV 
signals, and if so, on how to implement such a requirement. The 
Commission recognized that it would not be economically feasible at 
this point to require that DTV reception capability in smaller screen 
receivers. It stated that it intended to consider an approach that 
would minimize the cost of a DTV reception capability requirement by 
phasing it in over time. The Commission indicated that it believed this 
approach would allow manufacturers to take advantage of the declining 
costs associated with increasing manufacturing volumes.
    2. Based on analysis of the record, the Commission concludes that 
consumer electronics manufacturers are not voluntarily incorporating 
DTV reception capability into new receivers on a schedule that will 
enable the transition to proceed towards the December 31, 2006, target 
completion date set forth in the Communications Act by Congress (47 
U.S.C. 309(j)(14). It therefore is amending its rules to require that 
new

[[Page 63291]]

broadcast television receiving equipment include the capability to 
receive DTV signals. The Commission stated that this requirement will 
be phased in over time to avoid imposing undue costs on manufacturers 
or consumers and to minimize any disruption of the TV receiver market. 
In this regard, the Commission stated that the implementation plan it 
is adopting reflect and account for the facts that: (1) Including DTV 
reception capability in new television receivers will require the 
redesign of product lines, (2) the cost of including that capability in 
receivers will initially result in an incremental price increase on the 
order of approximately $200, and perhaps more, per unit, and (3) prices 
will decline significantly as economies of scale are achieved with 
increasing volumes of production and production efficiencies that are 
introduced over time. It stated that this plan will ensure that 
consumers are provided the capability to receive broadcasters' DTV 
signals so that the transition of the broadcast television service from 
analog to digital transmission technology can progress rapidly.
    3. The new rules will require that a party responsible for 
television receiving equipment (``responsible party'') under the 
Commission's rules, generally the manufacturer or importer, include DTV 
tuners in a certain percentage of that party's entire production or 
importation of receivers in specific categories. Responsible parties 
will be required to equip new television receiving equipment that 
manufactured is shipped in interstate commerce or manufactured in the 
United States and for which they are responsible with the capability to 
tune and decode over-the-air DTV signals on all of the channels 
allocated for TV service in accordance with the following schedule:

--Receivers with screen sizes 36'' and above -50% of a responsible 
party's units must include DTV tuners effective July 1, 2004; 100% of 
such units must include DTV tuners effective July 1, 2005;
--Receivers with screen sizes 25'' to 36'' -50% of a responsible 
party's units must include DTV tuners effective July 1, 2005; 100% of 
such units must include DTV tuners effective July 1, 2006;
--Receivers with screen sizes 13'' to 24'' -100% of all such units must 
include DTV tuners effective July 1, 2007.
--Other Devices (videocassette recorders (VCRs), digital video disk and 
digital versatile disk (DVD) players/recorders, etc.) that receive 
television signals-100% of all such units must include DTV tuners 
effective July 1, 2007.

    4. For purposes of these requirements, screen sizes are to be 
measured diagonally across the picture viewing area. The rules will 
also allow responsible parties to include combinations of DTV monitors 
and set-top DTV tuners in meeting the required percentages of units 
with a DTV tuner if such combinations are marketed together with a 
single price. Where set-top boxes and DTV monitors are sold as a 
combination, the screen size of the DTV monitor will determine the 
receiver size category towards which the combination may be counted.
    5. Update of the DTV Transmission Standard. In comments responding 
to the Notice of Proposed Rule Making (NPRM), 65 FR 15600, March 23, 
2000, in this proceeding, ATSC indicated that it has made a number of 
changes to its ``ATSC Digital Television Standard (A/53),'' since 1996, 
when that standard was adopted by the Commission as the standard for 
terrestrial DTV broadcast service. ATSC indicated that these changes 
include removing constraints associated with the ``program paradigm,'' 
updating references to the underlying MPEG standards, replacing 
references to obsolete ATSC standards for Electronic Program Guide and 
System Information with a reference to the subsequently developed 
``ATSC Program and System Information Protocol (PSIP) Standard, A/65,'' 
and requiring a signal to identify colorimetry. It further noted that 
it was considering an increase in the maximum allowable audio bit rate. 
ATSC requested that the Commission revise its rules to reference the 
latest version of the ATSC DTV Standard A/53. In the Report and Order/
Further NPRM, the Commission sought comment on whether is should revise 
its rules to include reference the latest version of the standard as 
requested by ATSC.
    6. The Commission found that it is desirable and appropriate to 
revise the rules to update its DTV rules to specify the August 7, 2001, 
version of ATSC DTV Standard A/53B in place of the September 16, 1995, 
version originally adopted. It stated that updating the rules to 
reflect improvements in the standard will benefit both the public and 
broadcasters by allowing broadcasters to make technical improvements in 
their service that will enhance the quality of DTV services they 
provide. Accordingly, the Commission is revising Sec.  73.682(d) of its 
rules to specify ATSC Doc A/53B (ATSC Digital Television Standard, 7 
Aug 01), except for Section 5.1.2 (``Compression format constraints'') 
of Annex A (``Video Systems Characteristics'') and the phrase ``see 
Table 3'' in Section 5.1.1 Table 2 and Section 5.1.2 Table 4. These 
exceptions are as provided in the current Sec.  73.682(d) and were set 
forth in the Commission's decision adopting the ATSC standards for DTV 
service in Fourth Report and Order in the DTV proceeding.
    7. In its comments responding to the NPRM, ATSC also requested that 
the Commission require use of the ATSC PSIP Standard as part of the DTV 
transmission standard. In responding to this request in the Report and 
Order/Further NPRM, the Commission stated that it believes that an 
industry approach is generally the most appropriate means for managing 
the implementation of a PSIP system. However, the Commission recognized 
that the transport stream identifiers (TSIDs) used with the PSIP system 
must be unique to each individual television station and that there is 
a need to coordinate TSID assignments for stations in the border areas 
with our neighbors in Canada and Mexico. The Commission therefore 
agreed that TSID assignments should be made part of its process for 
broadcast television stations and stated that it will begin the process 
to incorporate this function into that process in the near future.
    8. In Second Report and Order and Second Memorandum Opinion and 
Order, the Commission stated that it recognizes the benefits for 
broadcasters and consumers of the service features offered by the ATSC 
PSIP specification. It stated that in view of the of the broadcast and 
consumer electronics industries' support for incorporation of this 
specification in the rules, it will address the possible adoption of 
the ATSC PSIP specification into the rules in the Notice of Proposed 
Rule Making in our forthcoming Second Review of our policies for the 
DTV transition. The Commission further stated that in the interim, it 
we will include a reference to the ATSC PSIP Standard in Sec.  
73.682(d) of the rules as a document that licensees may consult for 
guidance.
    9. Other Issues. The Commission also refrained at this time from 
adopting its proposal to require that TV receivers that are not able to 
receive over-the-air digital broadcast signals be labeled that they are 
not able to receive such signals. The Commission indicated at that at 
this point, it does not know when--or if--such products will become 
commercially available or how they will be marketed. It stated that it 
will continue to monitor the state of the

[[Page 63292]]

marketplace and will take additional steps if necessary to protect 
consumers' interests.

Final Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Report and Order and Further Notice of Proposed Rule Making in MM 
Docket No. 00-39 (Report and Order/Further NPRM).'' \2\ The Commission 
sought written public comment on several issues concerning the 
transition to digital television (DTV), including comment on the IRFA. 
This Final Regulatory Flexibility Analysis (FRFA) conforms to the 
RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract with America Advancement Act of 1996, 
Public Law No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of 
the CWAAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA).
    \2\ Report and Order and Further Notice of Proposed Rule Making 
in MM Docket No. 00-39, 16 FCC Rcd 5946 (2001).
    \3\ See 5 U.S.C. 604.
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A. Need For, and Objectives of, the Report and Order

    12. Beginning in 1987, the Commission undertook to bring the most 
up-to-date technology to broadcast television. That resulted in several 
Commission decisions including those adopting a digital television 
(DTV) standard, DTV service rules, and a Table of DTV Allotments. The 
Table of DTV Allotments provides each existing television broadcaster 
with a second channel on which to operate a DTV station for the 
transition period after which one of its channels will revert to the 
government for use in other services. The transition deadline 
established by Congress is December 31, 2006. The Commission is 
permitted to extend that deadline on a market-by-market basis if more 
than 15 percent of viewers will be left without service from (1) a 
digital television receiver; (2) an analog television receiver equipped 
with a digital/analog converter; or (3) a multi-channel video provider 
that carries local broadcast stations.
    13. The Commission has determined that a requirement to include DTV 
reception capability in new television sets is necessary due to the 
lack of progress by the market in including DTV reception capability in 
new television receivers. In particular, the Commission is concerned 
that continued marketing of analog-only TV sets can only serve to delay 
the transition. In order for the DTV transition to move forward towards 
the year 2006 target completion date established by Congress, or 
thereafter as close to that date as possible, receivers with DTV 
capability need to be on the market in quantity and at reasonable 
prices very soon. Since it was adopted by the Commission in 1996, the 
DTV transmission standard has been updated by its developers to include 
new features and to improve several aspects of its performance. The 
rules need to be revised to allow television stations to implement 
these new features and improvements.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    14. No comments were filed in response to the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    15. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\4\ The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \5\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under section 3 of 
the Small Business Act.\6\ A small business concern is one which: (1) 
Is independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the SBA.\7\
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    \4\ 5 U.S.C. 603(b)(3).
    \5\ Id. 601(6).
    \6\ Id. 601(3).
    \7\ 15 U.S.C. 632
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    16. Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with the 
Office of Advocacy of the [SBA] and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \8\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\9\ ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts with a population of less than 50,000.'' \10\ As of 1992, 
there were approximately 85,006 local governments in the United 
States.\11\ This number includes 38,978 counties, cities, and towns; of 
these, 37,566, or 96 percent, have populations of fewer than 
50,000.\12\ The Census Bureau estimates that this ratio is 
approximately accurate for all governmental entities. Thus, of the 
85,006 governmental entities, we estimate that 81,600 (91 percent) are 
small entities.
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    \8\ 5 U.S.C. 601(4).
    \9\ 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \10\ 5 U.S.C. 601(5).
    \11\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \12\ Id.
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    17. Rules adopted in this proceeding will apply to manufacturers of 
television transmitting and receiving equipment and to television 
stations. The SBA has established a small business size standard for 
Radio and Television Broadcasting and Wireless Communications Equipment 
Manufacturing. Under this standard, business firms are considered small 
if they have 750 or fewer employees.\13\ Census data for 1997 indicate 
that, for that year, there were a total of 1,215 establishments \14\ in 
this category.\15\ Of those, there were 1150 that had employment under 
500, and an additional 37 that had employment of 500 to 999. The 
percentage of broadcast equipment manufacturers to others in this 
category is approximately 22%,\16\ so we estimate that the number of 
broadcast equipment manufacturers with employment under 500 was 
actually closer to 253, with an additional 8 establishments having 
employment of between 500 and 999. Television manufacturers alone 
(i.e., without radio) accounted for yet smaller numbers. Given the 
above, we estimate that the great majority of television broadcasting 
equipment manufacturers are small.
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    \13\ 13 CFR 121.201, NAICS code 334220.
    \14\ The number of ``establishments'' is a less helpful 
indicator of small business prevalence in this context than would be 
the number of ``firms'' or ``companies,'' because the latter take 
into account the concept of common ownership or control. Any single 
physical location for an entity is an establishment, even though 
that location may be owned by a different establishment. Thus, the 
numbers given may reflect inflated numbers of businesses in this 
category, including the numbers of small bueinsses. In this 
category, the census breaks-out data for firms or companies only to 
give the total number of such entities for 1997, which was 1,089.
    \15\ U.S. Census Bureau, 1997 Economic Census, Industry Series: 
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4, 
NAICS code 334220 (issued Aug. 1999).
    \16\ Id. Table 5, ``Industry Statistics by Industry and Primary 
Product Class Specialization: 1997.''
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    18. The SBA has also established a small business size standard for 
Audio

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and Video Manufacturing, which includes the manufacturing of television 
sets. Under this standard, business firms are considered small if they 
have 750 or fewer employees.\17\ Census data for 1997 indicate that, 
for that year, there were a total of 554 establishments in this 
category.\18\ Of those, there were 542 that had employment under 500, 
and an additional 9 that had employment of 500 to 999.\19\ The 
percentage of television set manufacturers to others in this category 
is approximately 6.3%, [FN H] so we estimate that the number of 
broadcast equipment manufacturers with employment under 500 was 
actually closer to 34, with an additional zero or one establishment 
having employment of between 500 and 999. Given the above, we estimate 
that virtually all television set manufacturers are small.
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    \17\ 13 CFR 121.201, NAICS code 334310.
    \18\ U.S. Census Bureau, 1997 Economic Census, Industry Series: 
Manufacturing, ``Industry Statistics by Employment Size: 1997,'' 
Table 4, NAICS code 334310 (issued Aug. 1999). In this category, the 
census breaks-out data for firms or companies only to give the total 
number of such entities for 1997, which was 524.
    \19\ Id. Table 5, ``Industry Statistics by Industry and Primary 
Product Class Specialization: 1997.''
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    19. The SBA defines small television broadcasting stations as 
television broadcasting stations with $10.5 million or less in annual 
receipts.\20\ According to Commission staff review of the BIA 
Publications, Inc., Master Access Television Analyzer Database, fewer 
than 800 commercial TV broadcast stations (65%) subject to our proposal 
have revenues of less than $10.5 million dollars. We note, however, 
that under SBA's definition, revenues of affiliates that are not 
television stations should be aggregated with the television station 
revenues in determining whether a concern is small. Therefore, our 
estimate may overstate the number of small entities since the revenue 
figure on which it is based does not include or aggregate revenues from 
non-television affiliated companies. It would appear that there will be 
no more than 800 entities affected.
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    \20\ 13 CFR 121.201 (NACIS Code 513120).
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    20. The actions taken in the Second Report and Order and Second 
Memorandum Opinion and Order impose no reporting or recordkeeping 
requirements on television broadcast stations, large or small, or on 
manufacturers of television transmitting or receiving equipment, large 
or small. The only compliance burden adopted in this Second Report and 
Order and Second Memorandum Opinion and Order is the requirement that 
new television receivers be capable of tuning over-the-air DTV signals, 
which is described in Section E, infra.\21\
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    \21\ See also para. 2, supra, describing receiver cost/price 
increases.
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E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    21. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\22\
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    \22\ 5 U.S.C. 603(c).
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    22. The Commission recognizes that requiring DTV reception 
capability in new television receivers that action will pose new 
burdens on consumer electronics manufacturers, especially in the 
initial period when production volumes are relatively low. It further 
recognizes that the cost considerations associated with DTV reception 
capability are such that it would not be economically feasible at this 
point in time to include DTV capability in smaller screen receivers. 
However, as production increases, the price and size of the components 
needed for DTV reception will decline substantially, so that the 
incremental cost of including that capability in TV receivers will 
eventually become low.
    23. The plan for implementing the DTV tuner requirement adopted in 
the Second Report and Order and Second Memorandum Opinion and Order is 
designed to be as simple and inexpensive to manufacturers as possible, 
including any small entities. This plan will minimize the impact on 
receiver manufacturers by phasing the requirement in over time. By 
applying the requirement first to large screen receivers, some models 
of which now already include an integrated DTV tuner, the plan will 
provide time for manufacturers to develop the economic efficiencies 
needed to produce TV sets with DTV tuners at lower cost. Over time the 
percentage of units that will have to have DTV reception capability 
will increase and the requirement would also be extended to smaller 
screen units in the same incremental manner. To minimize the impact on 
costs to manufacturers, receivers will only be required to have the 
capability to receive and decode over-the-air DTV signals. Thus, TV 
sets subject to the requirement will only have to provide useable 
picture and sound commensurate with their video and sound capabilities 
when receiving any of the recognized ATSC video formats; there is no 
requirement for full HDTV capability.
    24. While extending the phase in period beyond July 1, 2007,\23\ 
would have provided additional time for manufacturers to develop cost 
reductions, the Commission found that imposing the requirement on all 
receivers by this date was necessary in order to be consistent with the 
statutory specification of this date as the target for completing the 
DTV transition. The Commission also chose not to adopt an alternative 
that would have based the measure of compliance on the percentage of 
models that a manufacturer produces with DTV tuners. The plan adopted 
bases the measure of compliance on a manufacturer's total production of 
TV receivers. However, the Commission did allow manufacturers to 
include set-top DTV tuners marketed together with a DTV-ready receiver 
in the number of units that count towards meeting this requirement.
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    \23\ See para. 3, supra, describing the implementation schedule 
for the DTV tuner requirement.
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    25. The Commission's action to update the DTV transmission standard 
to reflect the most recent version that has been issued by the Advanced 
Television Systems Committee is expected to have no adverse on any 
small entity. In this regard, the changes in the most recent version 
are all backwards compatible with the specifications of the version of 
the standard that was previously adopted and thereby with the 
capabilities of existing DTV transmission and receiving equipment.
    26. As noted, we received comments asking, inter alia, that 
requirements we adopt be phased in more quickly,\24\ and we chose 
instead to adopt the phase in schedule described. We believe that 
rejecting the alternative of a quicker transition will assist those 
manufacturers that are also small entities.
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    \24\ See paras. 11 and 13, supra.

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F. Report to Congress

    27. The Commission shall send a copy of the Second Report and Order 
and Second Memorandum Opinion and Order in MM Docket No. 00-39, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the 
Commission shall send a copy of the Second Report and Order and Second 
Memorandum Opinion and Order in MM Docket No. 00-39, including the 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Second Report and Order and Second Memorandum Opinion and Order in MM 
Docket No. 00-39 and FRFA (or summaries thereof) will also be published 
in the Federal Register, see 5 U.S.C. 604(b).

List of Subjects in 47 CFR Parts 15 and 73

    Digital television broadcasting, Incorporation by reference, Radio, 
and television.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons set forth in the preamble, the Federal 
Communications Commission amends 47 CFR parts 15 and 73 as follows:

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 303, 304, 307, and 554A.

    2. Section 15.117 is amended by revising paragraph (a); 
redesignating paragraph (h) as paragraph (j); and adding new paragraphs 
(h) and (i) to read as follows:


Sec.  15.117  TV broadcast receivers.

    (a) All TV broadcast receivers shipped in interstate commerce or 
imported into the United States, for sale or resale to the public, 
shall comply with the provisions of this section, except that 
paragraphs (f) and (g) of this section shall not apply to the features 
of such sets that provide for reception of digital television signals. 
The reference in this section to TV broadcast receivers also includes 
devices, such as TV interface devices and set-top devices that are 
intended to provide audio-video signals to a video monitor, that 
incorporate the tuner portion of a TV broadcast receiver and that are 
equipped with an antenna or antenna terminals that can be used for off-
the-air reception of TV broadcast signals, as authorized under part 73 
of this chapter.
* * * * *
    (h) Digital television reception capability. TV broadcast receivers 
are required only to provide useable picture and sound commensurate 
with their video and audio capabilities when receiving digital 
television signals.
    (i) Digital television reception capability implementation 
schedule. (1) Responsible parties, as defined in Sec.  2.909 of this 
chapter, are required to equip new TV broadcast receivers that are 
shipped in interstate commerce or imported from any foreign country 
into the United States and for which they are responsible to comply 
with the provisions of this section in accordance with the following 
schedule:

--Receivers with screen sizes 36'' and above--50% of all of a 
responsible party's units must include DTV tuners effective July 1, 
2004; 100% of such units must include DTV tuners effective July 1, 2005
--Receivers with screen sizes 25'' to 36''--50% of all of a responsible 
party's units must include DTV tuners effective July 1, 2005; 100% of 
such units must include DTV tuners effective July 1, 2006
--Receivers with screen sizes 13'' to 24''--100% of all such units must 
include DTV tuners effective July 1, 2007
--Other devices (videocassette recorders (VCRs), digital video disk and 
digital versatile disk (DVD) players/recorders, etc.) that receive 
television signals--100% of all such units must include DTV tuners 
effective July 1, 2007.

    (2) For purposes of this implementation schedule, screen sizes are 
to be measured diagonally across the picture viewing area. The 
requirement for equipping new TV broadcast receivers with DTV reception 
capability does not apply to units with integrated tuners/displays that 
have screen sizes measuring less than 7.8 inches vertically, i.e., the 
vertical measurement of a screen in the 4:3 aspect ratio that measures 
13'' diagonally across the picture viewing area.
    (3) Responsible parties may include combinations of DTV monitors 
and set-top DTV tuners in meeting the required percentages of units 
with a DTV tuner if such combinations are marketed together with a 
single price.
* * * * *

PART 73--RADIO BROADCAST SERVICES

    3. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


    4. Section 73.682(d) is revised to read as follows:


Sec.  73.682  TV transmission standards.

* * * * *
    (d) Digital broadcast television transmission standard. 
Transmission of digital broadcast television (DTV) signals shall comply 
with the standards for such transmissions set forth in Advanced 
Television Systems Committee (ATSC) Doc. A/52, ATSC Standard Digital 
Audio Compression (AC-3), December 20, 1995 and ATSC Doc. A/53B, 
Revision B, with Amendment 1, ATSC Digital Television Standard, August 
7, 2001, except for Section 5.1.2 (``Compression format constraints'') 
of Annex A (``Video Systems Characteristics'') and the phrase ``see 
Table 3'' in Section 5.1.1 Table 2 and Section 5.1.2 Table 4. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be inspected at the Federal Communications Commission, 445 12th 
St., SW, Washington, DC 20554 or at the Office of the Federal Register, 
800 N. Capitol St., NW, Suite 700, Washington, DC. Copies of ATSC A/52, 
A/53, A/54, and A/65 can be obtained from the Commission's contract 
copier or from the Advanced Television Systems Committee, 1750 K St., 
NW, Washington, DC 20006. They are also available in their entirety on 
the Internet at http//:www.atsc.org. Although not incorporated by 
reference, licensees may also consult ATSC Doc. A/54, Guide to Use of 
the ATSC Digital Television Standard, October 4, 1995, and ATSC Doc. A/
65A, Program System and Information Protocol (PSIP) for Terrestrial 
Broadcast and Cable, December 23, 1997 for guidance.

[FR Doc. 02-25767 Filed 10-10-02; 8:45 am]
BILLING CODE 6712-01-P