47 CFR 76.1905 - Petitions to modify encoding rules for new services within defined business models.

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There are 3 Updates appearing in the Federal Register for 47 CFR 76. View below or at eCFR (GPOAccess)
§ 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.

Title 47 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-24; vol. 79 # 206 - Friday, October 24, 2014
    1. 79 FR 63547 - Sports Blackout Rules
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective November 24, 2014.
      47 CFR Part 76

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 47 - TELECOMMUNICATIONS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 301 - License for radio communication or transmission of energy

§ 302 - Repealed. June 5, 1936, ch. 511,

§ 302a - Devices which interfere with radio reception

§ 303 - Powers and duties of Commission

§ 303a - Standards for children’s television programming

§ 307 - Licenses

§ 308 - Requirements for license

§ 309 - Application for license

§ 312 - Administrative sanctions

§ 315 - Candidates for public office

§ 317 - Announcement of payment for broadcast

§ 325 - False, fraudulent, or unauthorized transmissions

§ 339 - Carriage of distant television stations by satellite carriers

§ 340 - Significantly viewed signals permitted to be carried

§ 341 - Carriage of television signals to certain subscribers

§ 503 - Forfeitures

§ 521 - Purposes

§ 522 - Definitions

§ 531 - Cable channels for public, educational, or governmental use

§ 532 - Cable channels for commercial use

§ 534 - Carriage of local commercial television signals

§ 535 - Carriage of noncommercial educational television

§ 536 - Regulation of carriage agreements

§ 537 - Sales of cable systems

§ 543 - Regulation of rates

§ 544 - Regulation of services, facilities, and equipment

§ 544a - Consumer electronics equipment compatibility

§ 545 - Modification of franchise obligations

§ 549 - Competitive availability of navigation devices

§ 552 - Consumer protection and customer service

§ 554 - Equal employment opportunity

§ 556 - Coordination of Federal, State, and local authority

§ 558 - Criminal and civil liability

§ 560 - Scrambling of cable channels for nonsubscribers

§ 561 - Scrambling of sexually explicit adult video service programming

§ 571 - Regulatory treatment of video programming services

§ 572 - Prohibition on buy outs

Title 47 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 76 after this date.

  • 2014-10-24; vol. 79 # 206 - Friday, October 24, 2014
    1. 79 FR 63547 - Sports Blackout Rules
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective November 24, 2014.
      47 CFR Part 76