The rules target only products capable of receiving DTV signals over-the-air. These products must comply with the broadcast flag requirements by July 1, 2005. Other products such as digital VCRs, DVD players and personal computers that are not built with digital tuners installed are not required to comply with the new rule. In addition, the FCC explained that existing televisions, VCRs, DVD players and related equipment will remain fully functional under the new broadcast flag system.
In a Report and Order adopted today, the FCC permits use of the flag at the discretion of the broadcaster. The FCC said that the current lack of digital broadcast content protection could be a key impediment to the DTV transition's progress. The absence of such content protection could cause high value programming to migrate from broadcast television to more secure platforms such as cable and satellite TV service. Reduced availability of high value content on broadcast television could harm the viability of free over-the-air television and slow the DTV transition. The FCC declined to prohibit use of the flag with regard to certain types of programming, such as news or public affairs.
To facilitate adoption of broadcast flag technology in television receivers and related equipment by 2005, the FCC established an interim policy that allows proponents of a particular content protection or recording technology to certify to the FCC that such technology is an appropriate tool to give effect to the broadcast flag, subject to public notice and objection. The FCC's interim certification decisions will be guided by a series of objective criteria aimed at promoting innovation in content protection technology.
The FCC also adopted a Further Notice of Proposed Rulemaking seeking comment on a permanent objective process for the approval of digital recording and output content protection technologies that will foster innovation and marketplace competition.
