[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Rules and Regulations]
[Pages 53991-53993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15067]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 05-24; FCC 06-123]


DTV Tuner Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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[[Page 53992]]

SUMMARY: This document addresses a Petition for Reconsideration or 
Clarification of the Commission's Second Report and Order in this 
proceeding, submitted on behalf of PDI Communications Systems, Inc. 
(PDI) and a subsequent Supplement to Petition for Clarification also 
filed on behalf of PDI in this same matter.

DATES: Effective October 13, 2006.

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 Order, 
ET Docket No. 05-24, FCC 06-123, adopted August 15, 2006 and released 
August 17, 2006. 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 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].

Summary of the Order

    1. The Commission addressed a Petition for Reconsideration or 
Clarification of the Commission's Second Report and Order in ET Docket 
No. 05-24, 70 FR 75739, December 21, 2005, submitted on behalf of PDI 
Communications Systems, Inc. (PDI) and a subsequent Supplement to 
Petition for Clarification also filed on behalf of PDI in this same 
matter. In the Second Report and Order, the Commission amended its 
rules to advance to March 1, 2007 the date on which new broadcast 
television receivers with screen sizes 13-24'' and certain other 
broadcast TV receiving devices that do not have screens, such as VCRs 
and video recorders, must include the capability to receive broadcast 
digital television signals (DTV tuner requirement), and required new 
receivers with screen sizes smaller than 13'' to incorporate this 
capability on the same schedule.
    2. PDI's request concerns the application of the DTV tuner 
requirement to new broadcast television receivers with screen sizes 
less than 13'', and specifically the application of that requirement to 
a specialized video system PDI manufactures and distributes for use in 
the healthcare industry. PDI asks that the Commission clarify the rules 
as adopted in the Second Report and Order to state that the DTV tuner 
requirement does not apply to the viewing units included in specialized 
video systems such as the PDI system. Alternately, it asks the 
Commission to modify its rules to provide on a case-by-case basis, 
waivers for viewing units used in specialized video systems when the 
application of the rule would not advance the Commission's stated 
objectives in the Second Report and Order.
    3. Upon examining PDI's petition, supplemental filing, and the 
accompanying attachments, the Commission concludes that the viewing 
units in PDI's video system are television broadcast receivers as 
defined in Section 15.3(w) of the Commission's rules to which the DTV 
tuner requirement applies. In this regard, the Commission observes that 
the petition indicates that the PDI viewing units can be used to 
receive off-the-air signals. We further observe that the user manuals 
for the PERSONA 9 and PERSONA 10 viewing unit models specifically 
indicate that the units' channel setup features are configured to 
autoprogram for reception of ``air'' signals. In the broadcast 
reception mode, the cable providing both program signals and power 
connects to an antenna through the central system. The design feature 
by which the off-the-air signals are routed through the central system 
does not alter the fact that the video units can receive signals off-
the-air (and apparently in some instances are used for that purpose).
    4. The Commission does not find merit in PDI's argument that 
requiring its viewing units to include DTV tuners would not advance the 
Commission's goals in applying that requirement to smaller screen 
receivers. In the Second Report and Order, the Commission stated that, 
as it observed in first adopting the DTV tuner requirement, consumers 
must be able to receive digital TV signals for the DTV transition to 
move forward to a successful completion. To that end, the Commission's 
goal is to maximize the number of TV receivers on the market, with a 
final goal that all new television receiver products include a tuner as 
quickly as possible. While the PDI viewing units are different than 
most TV receivers with screens smaller than 13'' in that they are 
designed to receive service from a separate antenna connected through a 
cable rather than an attached antenna, that does not alter the fact 
that the PDI units would not be able to receive off-the-air TV signals 
when analog TV service ends unless they include a DTV tuner.
    5. If the PDI viewing units are not able to receive digital TV 
service after the transition ends, those patients who view off-the-air 
TV signals on them, as well as the health care providers who own and 
operate the systems, will lose the benefits of that service. In this 
regard, the Commission recognizes that when analog TV service ends 
those PDI systems that are configured with analog only viewing units 
will not be able to offer off-the-air TV service. Applying the DTV 
tuner requirement to new viewing units will include the PDI systems in 
the transition process and minimize the number of viewing units that 
will need to be replaced when analog service ends. Therefore, the 
Commission will not exempt viewing units that are included in 
specialized video systems as described by PDI from the DTV tuner 
requirement.
    6. The Commission also concludes that it would be inconsistent with 
these goals to establish a process that would provide for favorable 
treatment of requests for waiver of the DTV tuner requirement for TV 
receivers used in specialized video systems. As indicated, the 
Commission believes it is important to ensure that new TV receiver 
products include DTV reception as soon as possible.
    7. The Commission recognizes PDI's position that the process for 
meeting the safety requirements for equipment used in medical 
facilities, coupled with PDI's position as a smaller manufacturer, may 
pose difficulties for PDI in meeting the March 1, 2007 effective date 
when all new TV receivers must comply with the DTV tuner requirement. 
In view of these circumstances, and pursuant to PDI's request that the 
Commission provide for a waiver of the rules in such cases, we find 
that a limited waiver of the DTV tuner requirement under the provisions 
of Section 1.3 is warranted to allow PDI additional time to bring the 
existing models of its viewing units into compliance. In this limited 
case of receivers used as part of a system intended for use in health 
care facilities, the Commission finds that providing an additional year 
for PDI Communications to bring its existing video system viewing unit 
models into compliance would serve the public interest without 
otherwise compromising its goals for ensuring that consumers are able 
to view broadcasters' digital television signals.
    8. The Commission therefore denies PDI Communications Systems, 
Inc.'s requests that it: (1) Determine that the DTV reception 
requirement in Sec.  15.117(i) of the Commission's rules

[[Page 53993]]

does not apply to its video system or (2) modify its rules to provide a 
waiver procedure by which parties may seek a waiver of the March 1, 
2007 effective date of that requirement for monitors used in 
specialized video systems. The Commission, however, is extending the 
date on which new units of the PERSONA 9 (Model PDI-P9TV) and PERSONA 
10 (Model PDI-P10-LCD) viewing unit components of the PDI video system 
must comply with the DTV tuner requirement to March 1, 2008. That is, 
PDI Communications System, Inc. may continue to import and/or ship in 
interstate commerce units of its PERSONA 9 and PERSONA 10 viewing units 
that do not include the capability to receive broadcast television 
signals until February 28, 2008; on March 1, 2008 and thereafter new 
units of those products that are imported or shipped in interstate 
commerce must comply with the DTV tuner requirement.

Ordering Clause

    9. The Congressional Review Act (CRA) was addressed in the Second 
Report and Order released by the Commission, November 8, 2005, in ``In 
the Matter of Requirements for Digital Television Receiving Capability, 
in this proceeding, FCC 05-190, 70 FR 75739, December 21, 2005. This 
Order does not change any rules it only extends the date on which new 
units of the PERSONA 9 (Model PDI-P9TV) and PERSONA 10 (Model PDI-P10-
LCD) viewing unit components of the PDI video system must comply with 
the DTV tuner requirement to March 1, 2008.
    10. Pursuant to the authority contained in sections 2(a), 4(i) and 
(j), 7, 151, and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 152(a), 154(i) and (j), 157, 303, and 405, and sections 1.3 and 
1.106 of the Commission's rules, 47 CFR 1.3 and 1.106, the Petition for 
Reconsideration or Clarification submitted by John S. Logan on behalf 
of PDI Communications, Inc. is denied in part and granted in part.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-15067 Filed 9-12-06; 8:45 am]
BILLING CODE 6712-01-P