§  73.9008   Interim approval of authorized digital output protection
technologies and authorized recording methods.

   (a) Certifications for digital output protection technologies and
   authorized recording methods. The proponent of a specific digital
   output protection technology or recording method seeking approval for
   use in covered demodulator products shall certify to the Commission
   that such digital output protection technology or recording method is
   appropriate for use in covered demodulator products to give effect to
   the broadcast flag. Such certification shall include the following
   information:

   (1) A general description of how the digital output protection
   technology or recording method works, including its scope of
   redistribution;

   (2) A detailed analysis of the level of protection the digital output
   protection technology or recording method affords content;

   (3) Information regarding whether content owners, broadcasters or
   equipment manufacturers have approved or licensed the digital output
   protection technology or recording method for use; and

   (4) If the technology is to be offered publicly, a copy of its
   licensing terms, and fees, as well as evidence demonstrating that the
   technology will be licensed on a reasonable, non-discriminatory basis.

   (5) If any of the information is proprietary in nature, the proponent
   may seek confidential treatment of the proprietary portion of their
   certification pursuant to § 0.459 of this chapter.

   (b) Initial certification window. Following the effective date of this
   subpart, the Commission shall issue a public notice commencing an
   initial certification window for digital output protection technologies
   or recording methods. Within thirty (30) days after the date of this
   public notice, proponents of digital output protection technologies or
   recording methods may file certifications pursuant to paragraph (a) of
   this section. Following close of the initial certification window, the
   Commission shall issue a public notice identifying the certifications
   received and commencing an opposition window. Within twenty (20) days
   after the date of this public notice, oppositions may be filed with
   respect to a certification.

   (1) If no objections are received in response to a proponent's
   certification within the twenty (20) day opposition window, the
   Commission shall expeditiously issue a determination indicating whether
   the underlying digital output protection technology or recording method
   is approved for use with covered demodulator products.

   (2) If an objection is raised within the twenty (20) day opposition
   window alleging that a proponent's certification contains insufficient
   information to evaluate the appropriateness of the underlying digital
   output protection technology or recording method for use with covered
   demodulator products, the proponent may file a reply within 10 days
   after the close of the twenty (20) day opposition window. The
   Commission shall determine whether to dismiss the certification without
   prejudice or to undertake a full review of the certification's merits
   pursuant to paragraph (d) of this section.

   (3) If an objection is raised within the twenty (20) day opposition
   window alleging that a proponent's digital output protection technology
   or recording method is inappropriate for use with covered demodulator
   products, the Commission shall undertake a full review of the
   associated certification's merits pursuant to paragraph (d) of this
   section. The proponent may file a reply within 10 days after the close
   of the twenty (20) day opposition window. In such cases, the Commission
   shall issue a determination indicating whether the underlying digital
   output protection technology or recording method is approved for use
   with covered demodulator products.

   (c) Effect of subsequent certifications. Where a proponent of a digital
   output protection technology or recording method files a certification
   pursuant to paragraph (a) of this section subsequent to the initial
   certification window described in paragraph (b) of this section:

   (1) If no objections are received in response to a proponent's
   certification within twenty (20) days after the date of public notice
   of the filing of such certification, the Commission shall expeditiously
   issue a determination indicating whether the underlying digital output
   protection technology or recording method is approved for use with
   covered demodulator products.

   (2) If an objection is raised within twenty (20) days after the date of
   public notice of the filing of a proponent's certification alleging
   that such certification contains insufficient information to evaluate
   the appropriateness of the underlying digital output protection
   technology or recording method for use with covered demodulator
   products, the proponent may file a reply within 10 days after the close
   of the twenty (20) day opposition window. The Commission shall
   determine whether to dismiss the certification without prejudice or to
   undertake a full review of the certification's merits pursuant to
   paragraph (d) of this section.

   (3) If an objection is raised within twenty (20) days after the date of
   public notice of the filing of a proponent's certification alleging
   that the underlying digital output protection technology or recording
   method is inappropriate for use with covered demodulator products, the
   proponent may file a reply within 10 days after the close of the twenty
   (20) day opposition window. The Commission shall undertake a full
   review of the certification's merits pursuant to paragraph (d) of this
   section. In such cases, the Commission shall issue a determination
   indicating whether the underlying digital output protection technology
   or recording method is approved for use with covered demodulator
   products.

   (d) Commission determinations. Where the Commission undertakes a full
   review of the merits of a certification for a digital output protection
   technology or recording method, the Commission may consider, where
   applicable, the following factors:

   (1) Technological factors including but not limited to the level of
   security, scope of redistribution, authentication, upgradability,
   renewability, interoperability, and the ability of the digital output
   protection technology to revoke compromised devices;

   (2) The applicable licensing terms, including compliance and robustness
   rules, change provisions, approval procedures for downstream
   transmission and recording methods, and the relevant license fees;

   (3) The extent to which the digital output protection technology or
   recording method accommodates consumers' use and enjoyment of
   unencrypted digital terrestrial broadcast content; and

   (4) Any other relevant factors the Commission determines warrant
   consideration.

   (e) Revocation of approval. (1) If the security of a content protection
   technology or recording method approved for use in covered demodulator
   products has been compromised, a person may seek revocation of such
   approval pursuant to § 76.7 of this chapter.

   (2) Petitioners seeking revocation of a content protection technology
   or recording method's approval for use in covered demodulator products
   shall articulate in detail the extent to which the content protection
   or recording technology has been compromised and demonstrate why
   alternative measures are insufficient to address the breach in
   security.