Goto Section: 76.1904 | 76.1906 | Table of Contents
FCC 76.1905
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.1905 Petitions to modify encoding rules for new services within
defined business models.
(a) The encoding rules for defined business models in § 76.1904 reflect
the conventional methods for packaging programs in the MVPD market as
of December 31, 2002, and are presumed to be the appropriate rules for
defined business models. A covered entity may petition the Commission
for approval to allow within a defined business model, other than
unencrypted broadcast television, the encoding of a new service in a
manner different from the encoding rules set forth in § 76.1904(b)(1)
and (2). No such petition will be approved under the public interest
test set forth in paragraph (c)(4) of this section unless the new
service differs from existing services provided by any covered entity
under the applicable defined business model prior to December 31, 2002.
(b) Petitions. A petition to encode a new service within a defined
business model other than as permitted by the encoding rules set forth
in § 76.1904(b)(1) and (2) shall describe:
(1) The defined business model, the new service, and the proposed
encoding terms, including the use of copy never and copy one generation
encoding, and the encoding of content with respect to "pause" set forth
in § 76.1904(b)(2).
(2) Whether the claimed benefit to consumers of the new service,
including, but not limited to, the availability of content in earlier
release windows, more favorable terms, innovation or original
programming, outweighs the limitation on the consumers' control over
the new service;
(3) The ways in which the new service differs from existing services
offered by any covered entity within the applicable defined business
model prior to December 31, 2002;
(4) All other pertinent facts and considerations relied on to support a
determination that grant of the petition would serve the public
interest.
(5) Factual allegations shall be supported by affidavit or declaration
of a person or persons with actual knowledge of the facts, and exhibits
shall be verified by the person who prepares them.
(c) Petition process --(1) Public notice. The Commission shall give
public notice of any such petition.
(2) Comments. Interested persons may submit comments or oppositions to
the petition within thirty (30) days after the date of public notice of
the filing of such petition. Comments or oppositions shall be served on
the petitioner and on all persons listed in petitioner's certificate of
service, and shall contain a detailed full statement of any facts or
considerations relied on. Factual allegations shall be supported by
affidavit or declaration of a person or persons with actual knowledge
of the facts, and exhibits shall be verified by the person who prepares
them.
(3) Replies. The petitioner may file a reply to the comments or
oppositions within ten (10) days after their submission, which shall be
served on all persons who have filed pleadings and shall also contain a
detailed full showing, supported by affidavit or declaration, of any
additional facts or considerations relied on. There shall be no further
pleadings filed after petitioner's reply, unless authorized by the
Commission.
(4) Commission determination as to encoding rules for a new service
within a defined business model. (i) Proceedings initiated by petitions
pursuant to this section shall be permit-but-disclose proceedings,
unless otherwise specified by the Commission. The covered entity shall
have the burden of proof to establish that the proposed change in
encoding rules for a new service is in the public interest. In making
its determination, the Commission shall take into account the following
factors:
(A) Whether the benefit to consumers of the new service, including but
not limited to earlier release windows, more favorable terms,
innovation or original programming, outweighs the limitation on the
consumers' control over the new service;
(B) Ways in which the new service differs from existing services
offered by any covered entity within the applicable defined business
model prior to December 31, 2002; and
(ii) The Commission may specify other procedures, such as oral
argument, evidentiary hearing, or further written submissions directed
to particular aspects, as it deems appropriate.
(iii) A petition may, upon request of the petitioner, be dismissed
without prejudice as a matter of right prior to the adoption date of
any final action taken by the Commission with respect to the petition.
A petitioner's request for the return of a petition will be regarded as
a request for dismissal.
(d) Complaint regarding a new service not subject to petition. In an
instance in which an interested party has a substantial basis to
believe and does believe in good faith that a new service within a
defined business model has been launched without a petition as required
by this section, such party may file a complaint pursuant to § 76.7.
Goto Section: 76.1904 | 76.1906
Goto Year: 2010 |
2012
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