Goto Section: 73.9001 | 73.9003 | Table of Contents
FCC 73.9002
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 73.9002 Sale or distribution of demodulators, covered demodulator
products, and peripheral TSP products.
(a) Demodulators. No party that manufactures or imports a demodulator
shall sell or distribute in interstate commerce such Demodulator
unless:
(1) At the time of such sale or distribution such demodulator is
itself, or is incorporated into, a product that complies with the
demodulator compliance requirements and was manufactured in accordance
with the demodulator robustness requirements; or
(2) Such sale or distribution is to a party that has committed in
writing pursuant to paragraph (d) of this section not to sell or
distribute demodulators other than in accordance with paragraphs (a)(1)
or (a)(2) of this section.
(b) Covered demodulator products. No party shall sell or distribute in
interstate commerce a covered demodulator product that does not comply
with the demodulator compliance requirements and demodulator robustness
requirements. The requirements of this paragraph shall not apply to the
sale or resale of a product that was manufactured prior to the
effective date of this subpart or that initially was sold or
distributed in compliance with this subpart.
(c) Peripheral TSP products. No party that manufactures or imports a
peripheral TSP product shall sell or distribute such peripheral TSP
product in interstate commerce unless, at the time of such sale or
distribution, such peripheral TSP product complies with the demodulator
compliance requirements and was manufactured in accordance with the
demodulator robustness requirements. The requirements of this paragraph
shall not apply to the sale or resale of a product that was
manufactured prior to the effective date of this subpart or that was
initially was sold or distributed in compliance with this subpart.
(d) Written commitments. (1) A written commitment to allow sale or
distribution of demodulators under paragraph (a)(2) of this section, or
for a peripheral TSP product, shall be submitted to the Federal
Communications Commission, Chief, Media Bureau, Attn: Broadcast Flag
Written Commitment, 445 12th Street, SW., Washington, DC 20554.
(2) The information to be provided by a party filing a written
commitment to allow sale or distribution of demodulators under
paragraph (a)(2) of this section shall include a statement that one of
the following conditions is true:
(i) The party is a bona fide reseller;
(ii) The party is a licensed digital television broadcaster; or
(iii) The party is a multichannel video programming distributor, or
other party engaged, or about to become engaged, in the lawful
retransmission of unencrypted digital terrestrial broadcast content
pursuant to § 76.1909 of this chapter.
(3) The information to be provided by a party filing a written
commitment for a peripheral TSP product shall include statements that
the party is engaged, or about to become engaged, in the lawful
commercial enterprise of manufacturing such peripheral TSP product, and
that such product will comply with the demodulator compliance
requirements and be manufactured in accordance with the demodulator
robustness requirements.
(4) It shall be a violation of this subpart, enforceable by the
Commission, for any person that has filed a written commitment pursuant
to paragraph (d) of this section to:
(i) In the case such commitment to allow sale or distribution of
demodulators under paragraph (a)(2) of this section, sell or distribute
the demodulator other than in accordance with paragraphs (a)(1) or
(a)(2) of this section; or
(ii) In the case of such commitment for a peripheral TSP product, sell
or distribute the peripheral TSP product other than in compliance with
paragraph (c) of this section.
(5) Written commitments filed pursuant to paragraph (d) of this section
will be publicly available in accordance with § § 0.441 through 0.470
of this chapter.
(e) The requirements of this section shall become applicable on July 1,
2005.
Goto Section: 73.9001 | 73.9003
Goto Year: 2010 |
2012
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