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.


47 CFR § 76.1905

Scoping language

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