§ 76.1904   Encoding rules for defined business models.

   (a) Commercial audiovisual content delivered as unencrypted broadcast
   television shall not be encoded so as to prevent or limit copying
   thereof by covered products or, to constrain the resolution of the
   image when output from a covered product.

   (b) Except for a specific determination made by the Commission pursuant
   to a petition with respect to a defined business model other than
   unencrypted broadcast television, or an undefined business model
   subject to the procedures set forth in § 76.1906:

   (1) Commercial audiovisual content shall not be encoded so as to
   prevent or limit copying thereof except as follows:

   (i) To prevent or limit copying of video-on-demand or pay-per-view
   transmissions, subject to the requirements of paragraph (b)(2) of this
   section; and

   (ii) To prevent or limit copying, other than first generation of
   copies, of pay television transmissions, non-premium subscription
   television, and free conditional access delivery transmissions; and

   (2) With respect to any commercial audiovisual content delivered or
   transmitted in form of a video-on-demand or pay-per-view transmission,
   a covered entity shall not encode such content so as to prevent a
   covered product, without further authorization, from pausing such
   content up to 90 minutes from initial transmission by the covered
   entity (e.g., frame-by-frame, minute-by-minute, megabyte by megabyte).

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