[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Pages 54910-54911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21876]



[MB Docket No. 12-230; DA 12-1347]

Media Bureau Seeks Comment on TiVo's Request for Clarification 
and Waiver of the Commission's Audiovisual Output Requirement

AGENCY: Federal Communications Commission.

ACTION: Notice.


SUMMARY: In this document, the Media Bureau seeks comment on a petition 
for waiver and clarification of the Commission's rules filed by TiVo 
Inc. These comments are necessary to help the Media Bureau decide 
whether to grant TiVo's request. The intended effect of this action is 
to release an order that either grants or denies TiVo's request.

DATES: Submit comments on or before September 21, 2012. Submit reply 
comments on or before October 1, 2012.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Brendan Murray, [email protected], of the 
Media Bureau, Policy Division, (202) 418-2120.

SUPPLEMENTARY INFORMATION: TiVo Inc. (``TiVo'') has filed a request 
pursuant to Sections 1.3, 76.7, and 76.1207 of the Commission's rules 
for waiver of part of Section 76.640(b)(4)(iii) of the Commission's 
rules. Section 76.640(b)(4)(iii) requires cable operators to ``ensure 
that the cable-operator-provided high definition set-top boxes, except 
unidirectional set-top boxes without recording functionality, shall 
comply with an open industry standard that provides for audiovisual 
communications including service discovery, video transport, and remote 
control command pass-through standards for home networking'' by 
December 1, 2012. This rule is designed to ensure that consumers will 
be able to connect consumer electronics devices that they own to set-
top boxes that they lease from their cable operators for whole-home 
viewing and recording. TiVo also asks the Commission to clarify the 
meaning of the phrase ``open industry standard'' in the rule. TiVo 
seeks a waiver of 76.640(b)(4)(iii) for TiVo boxes that cable operators 
lease to subscribers. TiVo requests that this waiver last until 12 
months after cable operators have deployed at least 100,000 Cisco set-
top boxes and 100,000 Motorola set-top boxes that include an output 
that complies with Section 76.640(b)(4)(iii). TiVo maintains that 
waiver of ``an open standard'' implementation for cable operators with 
respect to TiVo boxes that cable operators lease to subscribers would 
cause no harm to interested parties and will benefit consumers. We seek 
comment on TiVo's request. Authority for this action is contained in 47 
U.S.C. 154(i), 549, and 47 CFR 0.283, 1.3, and 76.7(b)(1).
    This proceeding will be treated as ``permit but disclose'' for 
purposes of the Commission's ex parte rules. As a result of the permit-
but-disclose status of this proceeding, ex parte presentations will be 
governed by the procedures set forth in Section 1.1206 of the 
Commission's rules applicable to non-restricted proceedings.
    Comments and oppositions are due September 21, 2012. Petitioner's 
reply is due October 1, 2012. All filings must be submitted in MB 
Docket No. 12-230. Pleadings sent via email to the Commission will be 
considered informal and will not be part of the official record. 
Interested parties will have access to comments online through the 
Commission's Electronic Comment Filing System (ECFS), and therefore we 
waive the requirements of Sections 76.7(b)(1) and 76.7(c)(1) that 
comments and oppositions be served on interested parties.
    Comments may be filed using: (1) (ECFS), (2) the Federal 
Government's eRulemaking Portal, or (3) by filing paper copies.
    Electronic Filers: Comments may be filed electronically using the 
Internet by

[[Page 54911]]

accessing the ECFS: http://www.fcc.gov/cgb/ecfs/or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments.
    For ECFS filers, in completing the transmittal screen, filers 
should include their full name, U.S. Postal service mailing address, 
and the applicable docket number: MB Docket No. 12-230. Parties may 
also submit an electronic comment by Internet email. To get filing 
instructions, filers should send an email to [email protected], and include 
the following words in the body of the message: ``get form''. A sample 
form and instructions will be sent in response.
    Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. The filing hours are 
8 a.m. to 7 p.m.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW., Washington DC, 20554.
    One copy of each pleading must be sent to Brendan Murray, Media 
Bureau, Room 4-A737, 445 12th Street SW., Washington, DC 20554 or 
[email protected].
    Copies of the Waiver Request and any subsequently filed documents 
in this matter are also available for inspection in the Commission's 
Reference Information Center: 445 12th Street SW., Room CY-B402, 
Washington, DC 20554, (202) 418-0270.
    Alternate formats of this Public Notice (computer diskette, large 
print, audio recording, or Braille) are available to persons with 
disabilities by contacting the Consumer and Governmental Affairs Bureau 
at (202) 418-0530 or (202) 418-7365 (TTY).

    Federal Communications Commission.
Michelle Carey,
Deputy Chief, Media Bureau.
[FR Doc. 2012-21876 Filed 9-5-12; 8:45 am]