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Media Bureau Seeks Comment On Tivo Petition For Rulemaking

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Released: July 24, 2013


Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1626
Released: July 24, 2013




CS Docket No. 97-80; PP Docket No. 00-67

Comment Date: September 16, 2013
Reply Comment Date: October 9, 2013

By this Public Notice, the Media Bureau ("Bureau") seeks comment on a petition for rulemaking
filed by TiVo Inc. ("TiVo").1 In its petition, TiVo asks the Commission to commence a rulemaking
proceeding to reinstate its 2003 Second Report and Order2 and related rules implementing Section 629 of
the Communications Act of 1934, as amended ("the Act"), except for those "encoding" rules that apply to
DBS providers. The U.S. Court of Appeals for the D.C. Circuit, in EchoStar Satellite L.L.C. v. FCC,3
vacated the entire Second Report and Order and a related Order on Reconsideration4 on the grounds that
the Commission lacked authority under Sections 629 and 624A of the Act5 to adopt encoding rules
applicable to all multichannel video programming distributors, including direct broadcast satellite
("DBS") providers.
In its petition, TiVo asserts that the EchoStar decision has led to uncertainty in the market for
competitive, retail navigation devices that harms innovation, competition and settled consumer
expectations.6 In particular, TiVo argues that the rules vacated in EchoStar, which include standards for

1 See Petition for Rulemaking, CS Docket No. 97-80, PP Docket No. 00-67 (filed July 16, 2013) ("Petition").
2 See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation
Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment,
Second Report and Order
and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 20885 (2003).
3 EchoStar Satellite L.L.C. v. FCC, 704 F.3d 992 (D.C. Cir. 2013) ("EchoStar").
4 See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation
, Order on Reconsideration, 18 FCC Rcd 27059 (2003).
5 See 47 U.S.C. 549(a), 544a(b).
6 See Petition at i. Navigation devices are defined as "converter boxes, interactive equipment and other equipment
used by consumers within their premises to receive multichannel video programming and other services offered over
multichannel video programming systems." 47 C.F.R. 76.1200(c).

encoding of signals and conditional access that cable operators, content providers, equipment
manufacturers and consumers have relied upon for years, remain important to assure the competitive
availability of navigation devices pursuant to Section 629 of the Act.7 TiVo asserts that the EchoStar
decision made no adverse findings with regard to any rules other than encoding provisions imposed on
DBS providers; thus, the Commission can and should reinstate those rules as applied to cable operators.8
TiVo asserts that doing so will not adversely affect interested parties or consumers and is necessary to
ensure that the existing CableCARD standard works effectively pending the availability of a successor
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested
parties may file comments and reply comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing the

Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's ex parte rules.10 Persons making ex parte presentations must file a

7 See Petition at 10-15.
8 See id. at 10, 15-17.
9 See id. at 17-21, 24.
10 47 C.F.R. 1.1200 et seq.

copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex
For further information, please contact Raelynn Remy, Policy Division, Media Bureau at (202)
418-2936. Press contact: Janice Wise, (202) 418-8165.


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