[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38800-38804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13027]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 05-24; FCC 05-121]


DTV Tuner Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document modifies the schedule by which new broadcast 
television receivers with screen sizes 25-36 are required to 
include the capability to receive over-the-air digital television (DTV) 
broadcast signals. This action was initiated in response to a Petition 
for Rulemaking from the Consumer Electronics Association and the 
Consumer Electronics Retailers Association (CEA-CERC) requesting that 
we eliminate the 50 percent requirement for the 25-36 mid-
size receivers and instead advance the date by which 100 percent of 
these receivers would include DTV tuners to March 1, 2006. This action 
will serve to minimize any difficulties with the 50 percent provision 
at the earliest practicable date and will also serve to promote the 
expeditious completion of the transition from analog to digital 
broadcast television service.

DATES: Effective August 5, 2005.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 05-24, FCC 05-121, adopted June 9, 2005, and 
released June 9, 2005. The full text of this document is available on 
the Commission's Internet site at http://www.fcc.gov. It is also 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC 20554. The full text of this document also may be 
purchased from the Commission's duplication contractor, Best Copy and

[[Page 38801]]

Printing Inc., Portals II, 445 12th St., SW., Room CY-B402, Washington, 
DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-mail 
[email protected].

Congressional Review Act

    The Commission will send a copy of this Report & Order, in a report 
to be sent to Congress and the General Accounting Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Summary of the Report and Order

    1. In the Report and Order (R&O), the Commission modified the 
schedule by which new broadcast television receivers with screen sizes 
25-36'' are required to include the capability to receive over-the-air 
digital television (DTV) broadcast signals. This provision of the rules 
is an element of the Commission's phase-in plan for requiring that all 
new broadcast television receivers include DTV reception capability. 
The DTV reception requirement, which is also often termed the ``DTV 
tuner requirement,'' is being implemented by applying the requirement 
first to large screen receivers and then progressively to smaller 
screen units and other devices over a period of several years. The 
decision maintains the existing plan to require that 50 percent of 25-
36'' receivers that are imported or shipped in interstate commerce 
include DTV tuners beginning July 1, 2005, but modifies the date on 
which 100 percent of such receivers must include DTV tuners by 
advancing that date from July 1, 2006, to March 1, 2006. The action was 
initiated in response to a Petition for Rulemaking from the Consumer 
Electronics Association and the Consumer Electronics Retailers 
Association (CEA-CERC) requesting that we eliminate the 50 percent 
requirement for the 25-36'' mid-size receivers and instead advance the 
date by which 100 percent of these receivers would include DTV tuners 
to March 1, 2006. While we understand CEA-CERC's concern that the 50 
percent requirement may have posed some difficulties for manufacturers 
and retailers, we nonetheless concluded that maintaining this approach 
for the mid-size 25-36'' receivers prior to March 1, 2006, will most 
effectively ensure that DTV tuner equipped sets are available to 
consumers this year, and especially for the 2005 holiday and 2006 Super 
Bowl seasons. In this regard, we continue to believe that it is 
essential that DTV reception capability be provided to consumers in new 
TV receivers as rapidly as possible in order to promote an expeditious 
completion of the transition from analog to digital broadcast 
television service. We also concluded that advancing the date by which 
all 25-36'' receivers must include DTV reception capability to March 1, 
2006, will serve to minimize any difficulties with the 50 percent 
provision at the earliest practicable date and will also serve to 
expedite the provision of DTV reception capability to consumers.
    2. In their petition for rulemaking, CEA-CERC requested that we 
eliminate the July 1, 2005, requirement for 50 percent of TV receivers 
with screen sizes 25-36'' to include DTV reception capability and 
instead advance from July 1, 2006, to March 1, 2006, the date for all 
such receivers to include a DTV tuner. CEA-CERC submitted that 
manufacturers' and retailers' experience with the 50 percent provision 
for 36'' and larger receivers is that the 50 percent aspect of the 
phase-in plan is antithetical to the purpose of the DTV tuner 
requirement. They stated that, in practice, the 50 percent requirement 
has proven to be unduly disruptive in the marketplace in ways 
unforeseen and, in fact, threatens to slow, rather than speed, consumer 
migration to TV receivers with DTV tuners. They indicated that this is 
because the experience with 36'' and larger sets is that consumers 
typically choose a lower-priced product with otherwise similar features 
except for the DTV tuner rather than a set with a DTV tuner. CEA-CERC 
argued that eliminating the 50 percent rule for 25-36'' receivers and 
moving up the date for 100 percent compliance by such receivers would 
better align the policy behind the DTV tuner rule with market forces 
and consumer expectations.
    3. In response to the CEA-CERC petition, we issued a Notice of 
Proposed Rulemaking (NPRM), 70 FR 13139, March 18, 2005, to consider 
adjusting the schedule by which new broadcast television receivers with 
screen sizes 25-36'' are required to include the capability to receive 
digital television signals. In the NPRM, we requested comment on 
whether there is need to revise the implementation schedule of the DTV 
tuner requirement for receivers with screen sizes 25-36'' to address 
the concerns raised by CEA-CERC and, if so, how that schedule should be 
revised to achieve our goal that all new television receivers include 
DTV tuning capability by July 1, 2007. We specifically requested 
comment on the approach suggested by CEA-CERC whereby the requirement 
that 50 percent of receivers with screen sizes 25-36'' incorporate a 
DTV tuner in the period from July 1, 2005, to July 1, 2006, would be 
eliminated and replaced with a new provision requiring that all 
receivers with screen sizes 25-36'' be required to include a DTV tuner 
effective March 1, 2006. We also invited alternative approaches for 
addressing the market situation described in the CEA-CERC petition and 
indicated that we intend to consider the full range of options that are 
consistent with our stated goals. However, we also advised commenting 
parties that we did not intend to extend the July 1, 2007, date by 
which all broadcast television receivers include DTV reception 
capability.
    4. After review of the record in this proceeding, we conclude that 
while the partial production elements of our DTV tuner implementation 
plan may have caused some confusion in the market, that approach 
remains workable and will best serve to ensure that DTV tuner equipped 
receivers in the 25-36'' mid-size range are available to consumers 
until the 100 percent DTV tuner requirement goes into effect for these 
receivers. We also find that it is in the interests of consumer 
electronics manufacturers and retailers and consistent with our goals 
as stated above to advance the 100 compliance date for mid-size 
receivers from July 1, 2006, to March 1, 2006.
    5. With regard to the 50 percent provision, we find that postponing 
application of the DTV tuner requirement to the 25-36'' receivers until 
March 1, the earliest date on which manufacturers state that they can 
meet the 100 percent requirement, would unacceptably delay the general 
availability of DTV reception capability in these products. While 
eliminating the 50 percent requirement for mid-size receivers until the 
100 percent compliance requirement becomes effective might be more 
convenient for manufacturers and retailers, such an approach would also 
delay the wider dissemination of DTV tuners in products of this size 
range. It remains our intent that the implementation schedule aim for 
the most rapid introduction of DTV reception capability in this size 
range and indeed all new television receivers. Postponing the 
requirement for inclusion of DTV tuners in mid-size TV sets would be 
inconsistent with our efforts to advance the DTV transition as rapidly 
as possible. Our intent is to stem the flow of analog-only products as 
soon as possible for, every analog-only TV set sold is a blow to the 
DTV transition.
    6. Initiating the DTV tuner requirement for mid-size receivers on 
March 1, 2006, the date that CEA-CERC

[[Page 38802]]

and manufacturers submit is the earliest feasible time by which 
manufacturers could meet the 100 percent compliance requirement, would 
undermine our goal of the most rapid introduction of DTV reception 
capability. The full eight months delay in which no mid-size TV sets 
would be required to include DTV tuners under that approach would miss 
the entire holiday and Super Bowl seasons this fall and next winter. 
Similarly, postponing the initiation of the 50 percent requirement 
until November 1, 2005 as suggested by CEA-CERC in their ex parte 
letter would miss the summer and most of the fall season and would also 
allow a large number of analog tuners to enter retailers' inventories 
for sale just before the holiday season. Moreover, consumers who 
purchase new receivers in the coming holiday and Super Bowl seasons 
would not likely return to the market again to purchase a new receiver 
for several years and so would be without a DTV tuner equipped device 
until they purchased a new set or until they obtained a separate set-
top DTV tuner unit.
    7. We recognize that there are DTV tuner-equipped mid-size TV 
receivers on the market now and that if we were to eliminate the 50 
percent requirement in favor of a delayed 100 percent requirement there 
would still be DTV tuner equipped sets for consumers to acquire. 
Nonetheless, we expect that the quantity of DTV tuner equipped sets 
sold under that approach would be significantly lower than that under 
the 50 percent approach, given manufacturers' and retailers' 
description of the market. We also believe that it would further 
consumer awareness if manufacturers and retailers would provide point-
of-sale and other marketing information to consumers and/or clearly 
label new television sets to indicate whether they can receive off-the-
air DTV signals or only off-the-air analog signals. We believe that 
such efforts would result in more informed consumer choices about 
whether to buy DTV tuner equipped sets. We therefore encourage 
manufacturers and retailers to clearly label and identify the tuning 
capabilities of new TV sets and/or employ other means to disseminate to 
consumers information regarding whether or not specific models are able 
to receive off-the-air digital television signals.
    8. With respect to the 100 percent compliance date, we conclude 
that it will ameliorate the concern of the consumer electronics 
manufacturers and retailers and further our goal of promoting DTV 
reception availability to advance the date on which 100 percent of 25-
36'' receivers will be required to include a DTV tuner to March 1, 
2006. Manufacturers have indicated that they will be able to equip 100 
percent of new mid-size TV sets with DTV tuners by this date and both 
manufacturers and retailers support changing the 100 percent compliance 
date as a step to minimize the difficulties posed by the 50 percent 
requirement. We do not believe it would be feasible or practicable to 
advance the 100 percent requirement to a date earlier than that 
suggested by CEA-CERC. We recogniz manufacturers' arguments that the 
lead time associated with development of new products, and particularly 
the time needed to establish specifications, change manufacturing 
lines, and order parts, would not allow the industry generally to meet 
a 100 percent compliance requirement before March 1, 2006. It makes 
little sense to require products to be on the market before the general 
population of manufacturers can deliver them. As many commenting 
parties observe, if manufacturers were not able to meet our deadline, 
they might cease production of mid-range sets or switch to monitor 
products that do not include TV tuners. Such a result would be 
disruptive to our goal of ensuring that consumers are able to receive 
DTV signals and could serve to delay the DTV transition. Accordingly, 
we are maintaining the provision of the current rules requiring that 50 
percent of 25-36'' television receivers include DTV tuners effective 
July 1, 2005, and advancing the date on which 100 percent of such 
receivers must include DTV tuners to March 1, 2006.

Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Notice of Proposed Rulemaking (NPRM) in ET Docket 
No. 05-24. The Commission sought written public comment on the 
proposals on the NPRM concerning modification of the plan for applying 
the DTV tuner requirement to TV receivers with screen sizes 25-36'', 
including comment on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA.\2\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 604.
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A. Need for and Objectives of the Rules

    10. As described in the NPRM, the changes to the rules considered 
in this proceeding are intended to ensure a smooth transition of the 
nation's television system to digital television. Beginning in 1987, 
the Commission undertook to bring the most up-to-date technology to 
broadcast television.\3\ That effort resulted in several Commission 
decisions, including those adopting a digital television (DTV) 
standard,\4\ DTV service rules,\5\ and a Table of DTV Allotments.\6\ 
The Table of DTV Allotments provides each existing television 
broadcaster with a second channel on which to operate a DTV station for 
a transition period in which stations will operate both analog and 
digital TV service, after which analog service will cease and one of 
each station's two channels will revert to the government for use in 
other services. The transition deadline established by Congress is 
December 31, 2006.
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    \3\ See Notice of Inquiry in MM Docket No. 87-268, 2 FCC Rcd 
5125 (1987), 52 FR 34259, September 10, 1987; see also Tentative 
Decision and Further Notice of Proposed Rulemaking in MM Docket No. 
87-268, 3 FCC Rcd 6520 (1988), 53 FR 38747, October 3, 1988.
    \4\ See Fourth Report and Order in MM Docket No. 87-268, 11 FCC 
Rcd 17771 (1996), 62 FR 14006, March 25, 1997.
    \5\ See Fifth Report and Order in MM Docket No. 87-268, 12 FCC 
Rcd 12809 (1997), 63 FR 13546, May 20, 1998.
    \6\ See Sixth Report and Order in MM Docket No. 87-268, 12 FCC 
Rcd 14588 (1997), 62 FR 2668, July 11, 1997.
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    11. Consistent with its efforts to promote the expeditious 
completion of the DTV transition, the Commission adopted a requirement 
that all new television receivers imported or shipped in interstate 
commerce after July 1, 2007, include the capability to receive DTV 
signals off-the-air. In order to minimize the impact of the DTV tuner 
requirement on both manufacturers and consumers, the Commission adopted 
a phase-in schedule that applies the DTV tuner requirement first to 
receivers with the screens and then to progressively smaller screen 
receivers and other TV receiving devices. The Consumer Electronics 
Association and the Consumer Electronics Retailers Coalition (CEA-CERC) 
submitted a petition for rule making requesting that the Commission 
eliminate the portion of the phase-in schedule requiring that 50 
percent of TV receivers with screen sizes 25-36'' include DTV reception 
capability from July 1, 2005, to July 1, 2006, and instead advance the 
date for requiring all such receivers to include a DTV tuner to March 
1, 2006, from July 1, 2006. CEA-CERC argued that the 50 percent 
requirement has proven to be disruptive to the market in the case of 
larger screen receivers. We are issuing this Report and Order to modify 
the portion of the DTV tuner requirement

[[Page 38803]]

phase-in plan that applies to receivers with screen sizes 24'' to 36''. 
Specifically, we are amending the rules to advance the date on which 
all 24-36'' receivers must include a DTV tuner to March 1, 2006, from 
the current date of July 1, 2006. Maintaining the 50 percent 
requirement for the period from July 1, 2005, to February 28, 2005, and 
advancing the 100 percent compliance date for mid-size receivers to 
March 1, 2006, will ameliorate the concerns of the consumer electronics 
manufacturers and retailers with respect to the 50 percent approach and 
further our goal of promoting DTV reception availability.

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

    12. 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

    13. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules.\7\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
entity.''.\8\ In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act.\9\ 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 Small Business 
Administration (SBA).\10\
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    \7\ 5 U.S.C. 603(b)(3).
    \8\ 5 U.S.C. 601(6).
    \9\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). 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 Small Business Administration 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.''
    \10\ 15 U.S.C. 632.
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    Electronics Equipment Manufacturers. Rules adopted in this 
proceeding will apply to manufacturers of DTV receiving equipment and 
other types of consumer electronics equipment. The SBA has developed 
definitions of small entity for manufacturers of audio and video 
equipment \11\ as well as radio and television broadcasting and 
wireless communications equipment.\12\ These categories both include 
all such companies employing 750 or fewer employees. The Commission has 
not developed a definition of small entities applicable to 
manufacturers of electronic equipment used by consumers, as compared to 
industrial use by television licensees and related businesses. 
Therefore, we will utilize the SBA definitions applicable to 
manufacturers of audio and visual equipment and radio and television 
broadcasting and wireless communications equipment, since these are the 
two closest NAICS Codes applicable to the consumer electronics 
equipment manufacturing industry. However, these NAICS categories are 
broad and specific figures are not available as to how many of these 
establishments manufacture consumer equipment. According to the SBA's 
regulations, an audio and visual equipment manufacturer must have 750 
or fewer employees in order to qualify as a small business concern.\13\ 
Census Bureau data indicates that there are 554 U.S. establishments 
that manufacture audio and visual equipment, and that 542 of these 
establishments have fewer than 500 employees and would be classified as 
small entities.\14\ The remaining 12 establishments have 500 or more 
employees; however, we are unable to determine how many of those have 
fewer than 750 employees and therefore, also qualify as small entities 
under the SBA definition. Under the SBA's regulations, a radio and 
television broadcasting and wireless communications equipment 
manufacturer must also have 750 or fewer employees in order to qualify 
as a small business concern.\15\ Census Bureau data indicates that 
there are 1,215 U.S. establishments that manufacture radio and 
television broadcasting and wireless communications equipment, and that 
1,150 of these establishments have fewer than 500 employees and would 
be classified as small entities.\16\ The remaining 65 establishments 
have 500 or more employees; however, we are unable to determine how 
many of those have fewer than 750 employees and therefore, also qualify 
as small entities under the SBA definition. We therefore conclude that 
there are no more than 542 small manufacturers of audio and visual 
electronics equipment and no more than 1,150 small manufacturers of 
radio and television broadcasting and wireless communications equipment 
for consumer/household use.
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    \11\ 13 CFR 121.201 (NAICS Code 334310).
    \12\ 13 CFR 121.201 (NAICS Code 334220).
    \13\ 13 CFR 121.201 (NAICS Code 334310).
    \14\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Audio and Video Equipment Manufacturing, Table 4 at 9 
(1999). The amount of 500 employees was used to estimate the number 
of small business firms because the relevant Census categories 
stopped at 499 employees and began at 500 employees. No category for 
750 employees existed. Thus, the number is as accurate as it is 
possible to calculate with the available information.
    \15\ 13 CFR 121.201 (NAICS Code 513220).
    \16\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, Table 4 at 9 (1999). The 
amount of 500 employees was used to estimate the number of small 
business firms because the relevant Census categories stopped at 499 
employees and began at 500 employees. No category for 750 employees 
existed. Thus, the number is as accurate as it is possible to 
calculate with the available information.
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    Computer Manufacturers. The Commission has not developed a 
definition of small entities applicable to computer manufacturers. 
Therefore, we will utilize the SBA definition of electronic computers 
manufacturing. According to SBA regulations, a computer manufacturer 
must have 1,000 or fewer employees in order to qualify as a small 
entity.\17\ Census Bureau data indicates that there are 563 firms that 
manufacture electronic computers and of those, 544 have fewer than 
1,000 employees and qualify as small entities.\18\ The remaining 19 
firms have 1,000 or more employees. We conclude that there are 
approximately 544 small computer manufacturers.
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    \17\ 13 CFR 121.201 (NAICS Code 334111).
    \18\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Electronic Computer Manufacturing, Table 4 at 9 
(1999).
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D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    14. The rule changes adopted in the Report and Order impose no 
additional recordkeeping or recordkeeping requirements on manufacturers 
of television receiving equipment, large or small. While the 
modifications adopted therein may have a small impact on consumer 
electronics manufacturers, any such impact would be similar for both 
large and small entities.

E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    15. 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

[[Page 38804]]

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.\19\
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    \19\ 5 U.S.C. 603.
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    16. The modification of the provisions for implementing the DTV 
tuner requirement in TV receivers with screen sizes in the 25-36'' mid-
size range set forth herein are intended to ameliorate certain market 
difficulties described by consumer electronics manufacturers and 
consumer electronics products retailers and to expedite the 
availability of DTV tuners in new mid-size television receivers that 
are offered to consumers. The revisions adopted preserve the 
requirement for DTV tuners in 50 percent of the new mid-size range of 
receivers for the period July 1, 2005, to February 28, 2005, in order 
to ensure that such receivers are available as soon as possible and 
particularly during the 2005 holiday season and 2006 Super Bowl season. 
The consumer electronics industry has indicated that it prefers the 100 
percent requirement to become effective on March 1, 2006, rather than 
the original July 1, 2006, date. Advancing the date for 100 percent 
compliance by mid-size receivers will ameliorate the challenges of the 
50 percent provision for manufacturers and retailers and will also 
serve to promote the availability of DTV tuner equipped TV sets to 
consumers.
    17. Other approaches considered included various suggestions by 
broadcasters and others to advance the deadline for DTV tuners in 25-
36'' sets to dates between November 1, 2005, and January 1, 2005. We 
rejected the options to advance the 100 percent requirement to a date 
earlier than March 1, 2006, on the basis that the 5 to 6 month lead-
times available to manufacturers under those scenarios would be too 
short for manufacturers to meet with new products, especially given the 
lead-times associated with obtaining parts and components from 
suppliers. Extending the deadline beyond March 1, 2006, would be 
inconsistent with the need to expedite the DTV transition.
Report to Congress
    18. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act.\20\ In addition, the Commission will send a 
copy of the Report and Order, including the FRFA, to the Chief Counsel 
for Advocacy of the SBA.\21\
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    \20\ See 5 U.S.C. 801(a)(1)(A).
    \21\ See 5 U.S.C. 604(b).
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Ordering Clauses

    19. Pursuant to the authority contained in sections 2(a), 4(i) & 
(j), 7, 151 and 303 of the Communications Act of 1934 as amended, 47 
U.S.C. 152(a), 154(i) & (j), 151, 157, and 303, this Report and Order 
is adopted and the Commission's rules are hereby amended as set forth 
in Rule Changes, and shall become effective August 5, 2005.
    20. The Petition for Rulemaking submitted by the Consumer 
Electronics Association and the Consumer Electronics Retailers 
Association in this matter on November 5, 2004, is denied in part and 
is granted in part as indicated in the Report and Order.
    21. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration,\22\ to 
Congress and the General Accounting Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
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    \22\ See 5 U.S.C. 603(a).
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List of Subjects in 47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR part 15 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, and 554A.


0
2. Section 15.117 is amended by revising paragraph (i)(1) to read as 
follows:


Sec.  15.117  TV broadcast receivers.

* * * * *
    (i) * * *
    (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:
    (i) 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.
    (ii) Receivers with screen sizes 25 to less than 
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 March 1, 2006.
    (iii) Receivers with screen sizes 13 to less than 
25--100% of all such units must include DTV tuners effective 
July 1, 2007.
    (iv) 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.
* * * * *
[FR Doc. 05-13027 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P