Requirements for the Protection of
Unencrypted Digital Terrestrial Broadcast Content
Against Unauthorized Redistribution
Joint Proposal from MPAA and 5C Companies
December 6, 2002

Scope
This document sets forth requirements to be imposed on certain produc ts that demodulate
unencrypted digital terrestrial broadcast content and certain other products that modulate
content which could be sent to demodulators, in order to protect unencrypted digital
terrestrial broadcast content against unauthorized redistribution (including unauthorized
redistribution over the Internet), without permitting content whose provenance is
unknown from being treated as unencrypted digital terrestrial broadcast content.

[X.] Requirements.
X.1 Definitions.
"8-VSB" means vestigial sideband modulation with 8 discrete amplitude levels, as
described in ATSC Standard A/53.
"16-VSB" means vestigial sideband modulation with 16 discrete amplitude levels, as
described in ATSC Standard A/53.
"64-QAM" means Quadrature Amplitude Modulation with a 64-point constellation, as
described in "Digital Video Transmission Standard for Cable Television", ANSI/SCTE
07 2000.
"256-QAM" means Quadrature Amplitude Modulation with a 256-point constellation, as
described in "Digital Video Transmission Standard for Cable Television", ANSI/SCTE
07 2000.
"Authorized Digital Output Protection Technology" means a technology listed on Table
A, as such list may be amended from time to time pursuant to [regulations to be
promulgated by the Commission concerning the authorization of digital output
technologies].
"Authorized Recording Method" means a recording method listed on Table A, as such
list may be amended from time to time pursuant to [regulations to be promulgated by the
Commission concerning the authorization of recording technologies].
2

"Bona Fide Reseller" means a person regularly engaged, or about to become regularly
engaged, in the lawful commercial enterprise of selling, reselling, manufacturing, or
assembling Modulation Functions or Demodulation Functions, or products incorporating
Modulation Functions or Demodulation Functions, in compliance with this subpart.
"Broadcast Flag" means the Redistribution Control descriptor (rc_descriptor()) described
in ATSC Standard A/65A: Program and System Information Protocol for Terrestrial
Broadcast and Cable, 31 May 2000, Amendment 3, 6 February 2002.
"Circumvention Devices" means devices or technologies that are designed and made
available for the specific purpose of bypassing or circumventing the protection
technologies used to meet the requirements set forth in this Section X.
"Computer Product" means a product that is designed for or permits the end user to
install a wide variety of commercially available software applications thereon, such as a
personal computer, handheld "Personal Digital Assistant" and the like, and further
includes a subsystem of such a product, such as a graphics card.
"Covered Demodulator Product" means a product (whether a physical device, software or
combination thereof) that is required under Sections X.2(a)(1) or X.2(b)(1) to comply
with the Demodulator Compliance Requirements, and to be manufactured in accordance
with the Demodulator Robustness Requirements.
"Covered Modulator Product" means a product (whether a physical device, software or
combination thereof) that is required under Section X.13(a)(1) to comply with the
Modulator Compliance Requirements, and to be manufactured in accordance with the
Modulator Robustness Requirements.
"Demodulation Function" means a component, or set of components, that is designed to
perform the function of 8-VSB, 16-VSB, 64-QAM or 256-QAM demodulation and
thereby produce a data stream consistent with ATSC Standard A/53 Annex C (e.g., a
demodulation chip or demodulation software).
"Demodulator Compliance Requirements" means the requirements set out in Sections
X.3 through X.6.
"Demodulator Robustness Requirements" means the requirements set out in Sections X.7
through X.12.
3

"Downstream Product" means a product (whether a physical device, software or
combination thereof) that is capable of accessing in usable form
1
Unscreened Content or
Marked Content
2
passed to such product via a Robust Method, where the manufacturer of
such product has committed in writing in accordance with Section X.2(c) that such
product will comply with the Demodulator Compliance Requirements and be
manufactured in accordance with the Demodulator Robustness Requirements, such that
such product shall be a Covered Demodulator Product.
3

"EIT" means Event Information Table as defined in ATSC Standard A/65A (2000)
Program and System Information Protocol for Terrestrial Broadcast and Cable.
"Hardware" means a physical device, including a component, that implements in a
Covered Demodulator Product or Covered Modulator Product, as applicable, any of the
content protection requirements set forth in the respective Demodulator Compliance
Requirements or Modulator Compliance Requirements and that (i) does not include
instructions or data other than such instructions or data that are permanently embedded in
such product or (ii) includes instructions or data that are not perma nently embedded in
such product where such instructions or data have been customized for such product and
such instructions or data are not accessible to the end user through the product.
"Marked Content" means, with respect to a Covered Demodulator Product, Unencrypted
Digital Terrestrial Broadcast Content that such product has (a) received and demodulated
using its Demodulation Function and for which such product has inspected either the EIT
or PMT and determined the Broadcast Flag to be present or (b) where such product is a
Downstream Product, received via a Robust Method
4
and accessed in usable form, and
for which such product either inspected the EIT or PMT and determined the Broadcast
Flag to be present or determined through information robustly conve yed with such
content (via such Robust Method) that another Covered Demodulator Product had
previously so screened such content and determined the Broadcast Flag to be present;
provided, however, that, with respect to a Covered Demodulator Product, "Marked

1
The fact that a stream containing Unscreened Content or Marked Content has not been altered following
demodulation does not mean in and of itself that such content is not in "usable form".
2
Note that it is only pursuant to Section X.6(a) that Marked Content may be passed from a Covered
Demodulator Product using a Robust Method.
3
Note that Downstream Products would be required under Section X.2 to comply with the Demodulator
Compliance Requirements and Demodulator Robustness Requirements prior to being sold or
distributed (i.e., a failure to comply with such requirements would be a violation of, and subject to
enforcement by the Commission under, this subpart).
4
See note 2 above.
4

Content" shall not include content that has been passed from such product pursuant to
Section X.4(a)(1), X.4(a)(2), X.4(a)(3), X.4(a)(5), X.4(a)(6), or X.6(b).
5

"Modulation Function" means a component, or set of components, that is designed to
perform the function of generating and emitting 8-VSB, 16-VSB, 64-QAM or 256-QAM
modulated signals (e.g., a modulation chip or modulation software).
"Modulator Compliance Requirements" means the requirements set out in Section X.14.
"Modulator Robustness Requirements" means the requirements set out in Sections X.15
through X.18.
"PMT" means Program Map Table as defined in ISO/IEC IS 13818-1:1 2000 (E),
International Standard, MPEG-2 Systems.
"Robust Method" means, with respect to the passing of Unscreened Content or Marked
Content from one product to another, a method that complies with Section X.10.
"Software" means the implementation in a Covered Demodulator Product or a Covered
Modulator Product, as applicable, of any of the content protection requirements set forth
in the respective Demodulator Compliance Requirements or Modulator Compliance
Requirements through any computer program code consisting of instructions or data,
other than such instructions or data that are included in Hardware.
"Transitory Image" means data that has been stored temporarily for the sole purpose of
enabling a function not prohibited by this Section X but that (a) does not persist
materially after such function has been performed and (b) is not stored in a way that
permits copying or storing of such data for other purposes.
"Unencrypted Digital Terrestrial Broadcast Content" means audiovisual content
contained in the ATSC Transport Stream broadcast by a digital television station in
compliance with the digital broadcast television transmission standard set forth in 47
C.F.R. Section 73.682(d), without encrypting or otherwise making the content available
through a technical means of conditional access, and includes such content when
retransmitted in unencrypted digital form.
"Unknown Content" means, with respect to a Covered Modulator Product, any
audiovisual content that such product has received in unencrypted form, other than

5
Note: The fact that content passed from a Covered Demodulator Product pursuant to Sections X.4(a)(2)
and X.4(a)(5) is not Marked Content with respect to that product does not remove any obligation on
the part of Covered Demodulator Products that receive such content to treat such content as Marked
Content.
5

audiovisual content that such product has received and demodulated using a
Demodulation Function or that has been passed from such Covered Modulator Product.
"Unscreened Content" means, with respect to a Covered Demodulator Product,
Unencrypted Digital Terrestrial Broadcast Content that such product either (a) received
and demodulated using its Demodulation Function and for which such product has
inspected neither the EIT nor the PMT for the Broadcast Flag or (b) where such product
is a Downstream Product, received via a Robust Method and accessed in usable form, and
for which such product has inspected neither the EIT nor the PMT for the Broadcast Flag
and has not determined through information robustly conveyed with such content (via
such Robust Method) that another Covered Demodulator Product had previously so
screened such content and determined the Broadcast Flag to be present; provided,
however, that, with respect to a Covered Demodulator Product, "Unscreened Content"
shall not include content that has been passed from such product pursuant to Sections
X.3(a)(1), X.3(a)(2), X.3(a)(3), X.3(a)(4), X.3(a)(6), X.3(a)(7), or X.6(b).
6

"User Accessible Bus" means a data bus that is designed for end user upgrades or access,
such as an implementation of a smartcard interface, PCMCIA, Cardbus, or PCI that has
standard sockets or otherwise readily facilitates end user access. A "User Accessible
Bus" does not include memory buses, CPU buses, or similar portions of a device's
internal architecture that do not permit access to content in a form usable by end users.
X.2 Sale or Distribution of Demodulation Functions and Downstream Products.
(a) Demodulation Functions .
(1) No person
7
that manufactures in the United States or imports from any foreign
country into the United States, a Demodulation Function shall sell or distribute in
interstate commerce such Demodulation Function unless:
(A) at the time of such sale or distribution such Demodulation Func tion is, or is
incorporated into, a product that complies with the Demodulator Compliance
Requirements and was manufactured in accordance with the Demodulator
Robustness Requirements; or

6
Note: The fact that content passed from a Covered Demodulator Product pursuant to Sections X.3(a)(2),
X.3(a)(4), and X.3(a)(6) is not Unscreened Content with respect to that product does not remove any
obligation on the part of Covered Demodulator Products that receive such content to treat such
content as Unscreened Content.
7
"Person" shall be defined as in 47 U.S.C. 153(32).
6

(B) such sale or distribution is to a person that has committed in writing
pursuant to Section X.2(c) not to sell or distribute such Demodulation Function
in the United States other than in accordance with Sections X.2(a)(1)(A) or
X.2(a)(1)(B).
(2) No person shall manufacture in the United States, or import from any foreign
country into the United States, a Demodulation Function for the purpose of sale or
distribution in interstate commerce other than sale or distribution in interstate
commerce in accordance with Sections X.2(a)(1)(A) or X.2(a)(1)(B).
(3) No person shall sell or distrib ute in interstate commerce a Covered Demodulator
Product if: (A) the person has actual knowledge that the Covered Demodulator
Product does not comply with the Demodulator Compliance Requirements and
Demodulator Robustness Requirements; (B) the Covered Demodulator Product has
been determined by the Commission or a court of competent jurisdiction not to
comply with the Demodulator Compliance Requirements and Demodulator
Robustness Requirements; or (C) the person has failed to expeditiously disclose to
the Commission, upon request by the Commission, information that person may
have in its possession identifying the source of the product in question.
(4) Paragraph X.2(a)(3) shall not apply to an individual person for the resale of a
product that was manufactured prior to the effective date of this subpart or that
initially was sold or distributed in compliance with this subpart.
(b) Downstream Products.
(1) No person shall manufacture in the United States, sell or distribute in interstate
commerce, or import from any foreign country into the United States a Downstream
Product unless, at the time of such manufacture, sale, distribution, or importation,
such Downstream Product complies with the Compliance Requirements and was
manufactured in accordance with the Robustness Requirements.
(2) Paragraph X.2(b)(1) shall not apply to an individual person for the resale of a
Downstream Product that was manufactured prior to the effective date of this
subpart or that initially was sold or distributed in compliance with this subpart.
(c) Written Commitments.
(1) A commitment in writing for a Downstream Product or to allow sale or
distribution under Section X.2(a)(1)(B) shall be filed on a form prescribed by the
Commission. The commitment shall be signed as provided in ___ and submitted to
the Federal Communications Commission, [address].
7

(2) Among the information to be provided by a person filing a commitment in
writing pursuant to this Section X.2(c) for a Downstream Product shall be a
commitment that that the person is engaged, or about to become engaged, in the
lawful commercial enterprise of manufacturing such Downstream Product, and that
such product will comply with the Demodulator Compliance Requirements and be
manufactured in accordance with the Demodulator Robustness Requirements.
(3) Among the information to be provided by a person filing a commitment in
writing pursuant to this Section X.2(c) to allow sale or distribution under Section
X.2(a)(1)(B) shall be a commitment that one of the following conditions is true:
(A) the person is a Bona Fide Reseller;
(B) the person is a licensed digital television broadcaster; or
(C) the person is a satellite broadcaster, cable television system operator, or
other person engaged, or about to become engaged, in the lawful
retransmission of Unencrypted Digital Terrestrial Broadcast Content pursuant
to Section X.2(d) or X.2(e).
(4) It shall be a violation of this subpart for a person to sell or distribute a
Demodulation Function pursuant to Section X.2(a)(1)(B) to any person that the
person knows, or reasonably should know, does not meet any of the conditions set
forth in Section X.2(c)(3).
(5) It shall be a violation of this subpart, enforceable by the Commission, for any
person that has filed a written commitment pursuant to this Section X.2(c) to (A) in
the case of such commitment under X.2(a)(1)(B), sell or distribute the
Demodulation Function in the United States other than in accordance with Sections
X.2(a)(1)(A) or X.2(a)(1)(B); or (B) in the case of such commitment for a
Downstream Product, manufacture in the United States, sell or distribute in
interstate commerce, or import from any foreign country into the United States the
Downstream Product other than in compliance with Section X.2(b). To the extent
that the filing of a written commitment pursuant to this Section X.2(c) creates rights
between parties that may be enforced through private contractual remedies or third-
party beneficiary rights, enforcement by the Commission will not abrogate those
rights and remedies.
(6) The filing of a written commitment will be publicly announced in a timely
manner by the Commission, and shall be available in accordance with Secs. 0.441
through 0.470 of this chapter.
(d) Encrypted Retransmission. Where a satellite broadcaster, cable television system
operator, or any other person retransmits Unencrypted Digital Terrestrial Broadcast
8

Content in encrypted form, such retransmitter shall, upon demodulation of the 8-VSB,
16-VSB, 64-QAM or 256-QAM signal, inspect either the EIT or PMT for the Broadcast
Flag, and if the Broadcast Flag is present (1) securely and robustly convey that
information to the consumer product used to decrypt the retransmitter's signal
information and (2) require that such consumer product, following such decryption,
protect the content of such signal as if it were a Covered Demodulator Product receiving
Marked Content.
(e) Unencrypted Retransmission. Where a satellite broadcaster, cable television
system operator, or any other person retransmits Unencrypted Digital Terrestrial
Broadcast Content in unencrypted form, such retransmitter shall, upon demodulation: (1)
preserve the Broadcast Flag, if present, in both the EIT and PMT; and (2) use 8-VSB, 16-
VSB, 64-QAM, or 256-QAM signal modulation for the retransmission.

X.3 Compliance Requirements for Covered Demodulator Products: Unscreened
Content.

8

(a) A Covered Demodulator Product shall not pass, or direct to be passed, Unscreened
Content to any output except
(1) to an analog output;
(2) to an 8-VSB, 16-VSB, 64-QAM or 256-QAM modulated output, provided that
such Covered Demodulator Product is compliant with Section X.14;
(3) to a digital output protected by an Authorized Digital Output Protection
Technology that is authorized for use with Unscreened Content pursuant to Section
X.19, in accordance with any obligations set out on Table A applicable to such
Authorized Digital Output Protection Technology;
(4) where the stream containing such content has not been altered following
demodulation and such Covered Demodulator Product outputs, or directs to be
output, such content to a Downstream Product solely within the home or other,
similar local environment, using a Robust Method;
(5) where such Covered Demodulator Product outputs, or directs to be output, such
content to another product and such Covered Demodulator Product exercises sole
control (such as by using a cryptographic protocol), in compliance with the

8
No requirements or limitations are imposed by this Section X with respect to the output, recording, or
other handling of content other than Unscreened Content, Marked Content, and Unknown Content.
9

Demodulator Robustness Requirements, over the access to such content in usable
form in such other product;
(6) where such Covered Demodulator Product outputs, or directs to be output, such
content for the purpose of making a recording of such content pursuant to Section
X.3(b)(2), where such content is protected by the corresponding recording method
9
;
or
(7) where such Covered Demodulator Product is incorporated into a Computer
Product and passes, or directs to be passed, such content to an unprotected output
operating in a mode compatible with the Digital Visual Interface (DVI) Rev. 1.0
Specification as an image having the visual equivalent of no more than (a) 350,000
pixels per frame (e.g. an image with resolution of 720 x 480 pixels for a 4:3 (non-
square pixel) aspect ratio) and (b) 30 frames per second. Such an image may be
attained by reducing resolution, such as by discarding, dithering or averaging pixels
to obtain the specified value, and can be displayed using video processing
techniques such as line doubling or sharpening to improve the perceived quality of
the image.
(b) A Covered Demodulator Product shall not record or cause the recording of
Unscreened Content in digital form unless such recording is made using one of the
following methods:
(1) a method that effectively and uniquely associates such recording with a single
Covered Demodulator Product (using a cryptographic protocol or other effective
means) so that such recording cannot be accessed in usable form by another product
except where the content of such recording is passed to another product as permitted
under this Section X; or
(2) an Authorized Recording Method that is authorized for use with Unscreened
Content pursuant to Section X.19, in accordance with any obligations set out in
Table A applicable to such Authorized Recording Method (provided that for
recordings made on removable media, only Authorized Recording Methods
expressly identified on Table A for use in connection with removable media may be
used).
This Section X.3(b) does not impose restrictions regarding the storage of Unscreened
Content as a Transitory Image.

9
For example, a protected recording made onto storage media located in an external drive, where the
recorder first encrypts the content and then passes it to the drive via an output.
10

X.4 Compliance Requirements for Covered Demodulator Products: Marked
Content.

(a) A Covered Demodulator Product shall not pass, or direct to be passed, Marked
Content to any output except
(1) to an analog output;
(2) to an 8-VSB, 16-VSB, 64-QAM or 256-QAM modulated output, provided that
such Covered Demodulator Product is compliant with Section X.14;
(3) to a digital output protected by an Authorized Digital Output Protection
Technology, in accordance with any obligations set out on Table A applicable to
such Authorized Digital Output Protection Technology;
(4) where such Covered Demodulator Product outputs, or directs to be output, such
content to another product and such Covered Demodulator Product exercises sole
control (such as by using a cryptographic protocol), in compliance with the
Demodulator Robustness Requirements, over the access to such content in usable
form in such other product;
(5) where such Covered Demodulator Product outputs, or directs to be output, such
content for the purpose of making a recording of such content pursuant to Section
X.4(b)(2), where such content is protected by the corresponding recording method
10
;
or
(6) where such Covered Demodulator Product is incorporated into a Computer
Product and passes, or directs to be passed, such content to an unprotected output
operating in a mode compatible with the Digital Visual Interface (DVI) Rev. 1.0
Specification as an image having the visual equivalent of no more than (a) 350,000
pixels per frame (e.g., an image with resolution of 720 x 480 pixels for a 4:3 (non-
square pixel) aspect ratio) and (b) 30 frames per second. Such an image may be
attained by reducing resolution, such as by discarding, dithering or averaging pixels
to obtain the specified value, and can be displayed using video processing
techniques such as line doubling or sharpening to improve the perceived quality of
the image.

10
For example, a protected recording made onto storage media located in an external drive, where the
recorder first encrypts the content and then passes it to the drive via an output.
11

(b) A Covered Demodulator Product shall not record or cause the recording of Marked
Content in digital form unless such recording is made using one of the following
methods:
(1) a method that effectively and uniquely associates such recording with a single
Covered Demodulator Product (using a cryptographic protocol or other effective
means) so that such recording cannot be accessed in usable form by another product
except where the content of such recording is passed to another product as permitted
under this Section X or
(2) an Authorized Recording Method, in accordance with any obligations set out in
Table A applicable to such Authorized Recording Method (provided that for
recordings made on removable media, only Authorized Recording Methods
expressly identified on Table A for use in connection with removable media may be
used).
This Section X.4(b) does not impose restrictions regarding the storage of Marked Content
as a Transitory Image.
X.5 Compliance Requirements for Covered Demodulator Products: Audio. Except
as otherwise provided in Sections X.3(a) or X.4(a), Covered Demodulator Products shall
not output the audio portions of Unscreened Content or of Marked Content in digital form
except in compressed audio format (such as AC3) or in Linear PCM format in which the
transmitted information is sampled at no more than 48 kHz and no more than 16 bits.
X.6 Add-in Covered Demodulator Products.
11
Where a Covered Demodulator
Product passes Unscreened Content or Marked Content from such Covered Demodulator
Product to another product, other than where such Covered Demodulator Product passes,
or directs to be passed, such content to an output (e.g., where a demodulator add-in card
in a personal computer passes such content to an associated software application installed
in the same computer), it shall so pass such content (a) using a Robust Method; or (b)
protected by an Authorized Digital Output Protection Technology (which, in the case of
Unscreened Content, is authorized for use with Unscreened Content pursuant to Section
X.19), in accordance with any obligations set out on Table A applicable to such
Authorized Digital Output Protection Technology. Neither Unscreened Content nor
Marked Content may be so passed in unencrypted, compressed form via a User
Accessible Bus.

11
This section does not generally incorporate Downstream Products into Section X.4(a) or override the
limitations of Section X.3(a)(4).
12

X.7 Robustness Requirements for Covered Demodulator Products: Construction.
(a) Covered Demodulator Products shall be manufactured in a manner clearly designed
to effectively frustrate attempts to modify such products to defeat the Demodulator
Compliance Requirements.
(b) Covered Demodulator Products shall not include:
(1) switches, buttons, jumpers or software equivalents thereof,
(2) specific traces that can be cut, or
(3) functions (including service menus and remote-control functions),
in each case by which the Demodulator Compliance Requirements can be defeated, or by
which compressed unencrypted Marked Content or compressed unencrypted Unscreened
Content in such Covered Demodulator Products can be exposed to output, interception,
retransmission or copying, in each case other than as permitted under this Section X.
12,13

(c) Covered Demodulator Products shall be manufactured in a manner that is clearly
designed to effectively frustrate attempts to discover or reveal any secret keys or secret
algorithms used to meet the requirements set forth in the Demodulator Compliance
Requirements.
X.8 Robustness Requirements for Covered Demodulator Products: Data Paths.
Within a Covered Demodulator Product, neither Unscreened Content nor Marked
Content shall be present on any User Accessible Bus in unencrypted, compressed form.
(a) Uncompressed Content. During a petition opportunity that the Commission may
designate, an interested person may petition the Commission to initiate a Notice of
Inquiry to determine whether it is technically feasible and commercially reasonable to
require that Unscreened Content and Marked Content when transmitted over any User
Accessible Bus in uncompressed digital form be made reasonably secure from
unauthorized interception by using means that meet the standards set forth in Section
X.11. Such petition shall include evidence that such an inquiry is warranted in light of
generally available technologies and existing commercial circumstances. Should the

12
See Section X.8(a). It is anticipated that if the Demodulator Robustness Requirements are modified in
the future to require protection of uncompressed data on a User Accessible Bus, the requirements of
Section X.7(b) would also then be modified to apply to uncompressed unencrypted content.
13
For avoidance of doubt, the provisions of Section X.7(b) prohibit inclusion of such means by which such
defeating or exposure can occur through removal of the Broadcast Flag.
13

Commission, based on such evidence and on consultation with affected industries,
proceed with such Notice of Inquiry and thereby determine that requiring such protection
at such level is technically feasible and commercially reasonable, the Commission may,
pursuant to a Notice of Proposed Rulemaking, revise these Demodulator Robustness
Requirements to so require. The Commission will consider in its analysis: the general
availability of relevant technologies, cost of implement ation, effectiveness of any
solutions, availability of alternative solutions, intellectual property licensing issues,
consistency with requirements of other content protection systems, likely ability of
manufacturers of Covered Demodulator Products to satisfy the Demodulator Robustness
Requirements, and normal design cycles for such products. The Commission will
exercise its discretion to limit the frequency of such Notices of Proposed Rulemaking.
X.9 Methods of Making Functions in Covered Demodulator Products Robust.
Covered Demodulator Products shall be manufactured using at least the following
techniques in a manner that is clearly designed to effectively frustrate attempts to defeat
the content protection requirements set forth below.
(a) Distributed Functions. Where compressed Unscreened Content or compressed
Marked Content is delivered from one portion of the Covered Demodulator Product to
another portion of such Covered Demodulator Product, whether among integrated
circuits, software modules, a combination thereof, or otherwise, such portions shall be
designed and manufactured in a manner associated and otherwise integrated with each
other such that such Unscreened Content or Marked Content, as the case may be, in any
usable form flowing between such portions of such Covered Demodulator Product shall
be reasonably secure from being intercepted or copied except as permitted under the
Demodulator Compliance Requirements.
(b) Software. Without limiting the requirements of Sections X.7 and X.8, portions of a
Covered Demodulator Product that implement in Software the content protection
requirements set forth in the Demodulator Compliance Requirements shall:
(1) Comply with Section X.7(c) by a reasonable method including but not limited
to: encryption, execution of a portion of the implementation in ring zero or
supervisor mode (i.e. in kernel mode), and/or embodiment in a secure physical
implementation; and, in addition, using techniques of obfuscation clearly designed
to effectively disguise and hamper attempts to discover the approaches used.
(2) Be designed so as to perform or ensure checking of the integrity of its
component parts such that unauthorized modifications will be expected to result in a
failure of the implementation to provide access to unencrypted Unscreened Content
or unencrypted Marked Content. For purposes of this Section X.9(b)(2), a
"modification" includes any change in, or disturbance or inva sion of, features or
characteristics, or interruption of processing, relevant to Sections X.7 and X.8. This
14

Section X.9(b)(2) requires at a minimum the use of signed code or more robust
means of "tagging" operating throughout the code. For purposes of this Section
X.9(b), "signed code" means a method of achieving trusted distribution of Software
by using public key cryptography, keyed hash, or other means at least as effective,
to form a digital signature over Software such that its authenticity and integrity can
be verified.
(c) Hardware. Without limiting the requirements of Sections X.7 and X.8, the portions
of a Covered Demodulator Product that implement in Hardware the content protection
requirements set forth in the Demodulator Compliance Requirements shall:
(1) Comply with Section X.7(c) by any reasonable method including but not limited
to (x) embedding any secret keys or secret cryptographic algorithms used to meet
the content protection requirements set forth in the Demodulator Compliance
Requirements in silicon circuitry or firmware that cannot reasonably be read or (y)
employing the techniques described above for Software.
(2) Be designed such that attempts to remove, replace, or reprogram Hardware
elements in a way that would compromise the content protection requirements set
forth in the Demodulator Compliance Requirements in Covered Demodulator
Products would pose a serious risk of rendering the Covered Demodulator Product
unable to receive, demodulate, or decode Unencrypted Digital Terrestrial Broadcast
Content. By way of example, a component that is soldered rather than socketed, or
affixed with epoxy, may be appropriate for this means.
(d) Hybrid. The interfaces between Hardware and Software portions of a Covered
Demodulator Product shall be designed so that the Hardware portions comply with the
level of protection that would be provided by a pure Hardware implementation, and the
Software portions comply with the level of protection that would be provided by a pure
Software implementation.
X.10 Robustness Requirements for Covered Demodulator Products: Robust
Methods
. Where a Covered Demodulator Product passes, or directs to be passed,
Unscreened Content or Marked Content from such Covered Demodulator Product to
another product pursuant to Section X.6(a), it shall do so using a method designed to
ensure that such content, in any usable form, shall be reasonably secure from being
intercepted, redistributed or copied when being so passed to such other product. Where a
Covered Demodulator Product passes, or directs to be passed, Unscreened Content to an
output pursuant to Section X.3(a)(4), it shall do so using a method that provides
technological protection against unauthorized redistribution of such content that is at least
as effective as such technological protection provided by any one of the Authorized
Digital Output Protection Technologies and that is designed to ensure that such content
15

may be accessed in usable form by another product only if such other product is a
Downstream Product.
X.11 Robustness Requirements for Covered Demodulator Products: Level of
Protection.
The content protection requirements set forth in the Demodulator
Compliance Requirements and the requirements set forth in Sections X.7(c) and X.8 shall
be implemented in a reasonable method so that they:
(a) Cannot be defeated or circumvented merely by using general-purpose tools or
equipment that are widely available at a reasonable price, such as screwdrivers, jumpers,
clips and soldering irons, or using specialized electronic tools or specialized software
tools that are widely available at a reasonable price, such as EEPROM readers and
writers, debuggers or decompilers, other than Circumvention Devices; and
(b) Can only with difficulty be defeated or circumvented using professional tools or
equipment, such as logic analyzers, chip disassembly systems, or in-circuit emulators or
any other tools, equipment, methods, or techniques not described in Section X.11(a) such
as would be used primarily by persons of professional skill and training, but not including
professional tools or equipment that are made available only on the basis of a non-
disclosure agreement or Circumvention Devices.
X.12 Robustness Requirements for Covered Demodulator Products: Advance of
Technology.
Although an implementation of a Covered Demodulator Product when
designed and first shipped may meet the above standards, subsequent circumstances may
arise which, had they existed at the time of design of a particular Covered Demodulator
Product, would have caused such products to fail to comply with these Demodulator
Robustness Requirements ("New Circumstances"). If a manufacturer of a Covered
Demodulator Product has actual notice or actual knowledge of New Circumstances that
relate to the manufacturer's specific implementation of a Covered Demodulator Product
(hereinafter referred to as "Notice"), then within 18 months after Notice such
manufacturer shall cease distribution of such Covered Demodulator Product and shall
only distribute Covered Demodulator Products that are compliant with the Demodulator
Robustness Requirements in view of the then-current circumstances.
X.13 Sale or Distribution of Modulation Functions.
(a) Modulation Functions .
16

(1) No person
14
that manufactures in the United States or imports from any foreign
country into the United States, a Modulation Function shall sell or distribute in
interstate commerce such Modulation Function unless:
(A) at the time of such sale or distribution such Modulation Function is, or is
incorporated into, a product that complies with the Modulator Compliance
Requirements and was manufactured in accordance with the Modulator
Robustness Requirements; or
(B) such sale or distribution is to a person that has committed in writing
pursuant to Section X.13(b) not to sell or distribute such Modulation Function
in the United States other than in accordance with Sections X.13(a)(1)(A) or
X.13(a)(1)(B).
(2) No person shall manufacture in the United States, or import from any foreign
country into the United States, a Modulation Function for the purpose of sale or
distribution in interstate commerce other than sale or distribution in interstate
commerce in accordance with Sections X.13(a)(1)(A) or X.13(a)(1)(B).
(3) No person shall sell or distribute in interstate commerce a Covered Modulator
Product if: (A) the person has actual knowledge that the Covered Modulator
Product does not comply with the Modulator Compliance Requirements and
Modulator Robustness Requirements; (B) the Covered Modulator Product has been
determined by the Commission or a court of competent jurisdiction not to comply
with the Modulator Compliance Requirements and Modulator Robustness
Requirements; or (C) the person has failed to expeditiously disclose to the
Commission, upon request by the Commission, information that person may have in
its possession identifying the source of the product in question.
(4) Section X.13(a)(3) shall not apply to an individual person for the resale of a
product that was manufactured prior to the effective date of this subpart or that
initially was sold or distributed in compliance with this subpart.
(b) Written Commitments.
(1) A commitment in writing to allow sale or distribution under Section
X.13(a)(1)(B) shall be filed on a form prescribed by the Commission. The
commitment shall be signed as provided in ___ and submitted to the Federal
Communications Commission, [address].

14
"Person" shall be defined as in 47 U.S.C. 153(32).
17

(2) Among the information to be provided by a person filing a commitment in
writing pursuant to this Section X.13(b) to allow sale or distribution under Section
X.2(a)(1)(B) shall be a commitment that one of the following conditions is true:
(A) the person is a Bona Fide Reseller;
(B) the person is a licensed digital television broadcaster; or
(C) the person is a satellite broadcaster or cable television system operator.
(3) It shall be a violation of this subpart for a person to sell or distribute a
Modulation Function pursuant to Section X.13(a)(1)(B) to any person that the
person knows, or reasonably should know, does not meet any of the conditions set
forth in Section X.13(b)(2).
(4) It shall be a violation of this subpart, enforceable by the Commission, for any
person that has filed a written commitment pursuant to this Section X.13(b) to sell
or distribute the Modulation Function in the United States other than in accordance
with Sections X.13(a)(1)(A) or X.13(a)(1)(B). To the extent that the filing of a
written commitment pursuant to this Section X.13(b) creates rights between parties
that may be enforced through private contractual remedies or third-party beneficiary
rights, enforcement by the Commission will not abrogate those rights and remedies.
(5) The filing of a written commitment will be publicly announced in a timely
manner by the Commission, and shall be available in accordance with Secs. 0.441
through 0.470 of this chapter.
X.14 Compliance Requirements for Covered Modulator Products.
(a) A Covered Modulator Product shall not pass, or direct to be passed, Unknown
Content to an 8-VSB, 16-VSB, 64-QAM or 256-QAM modulated output unless it first
inspects the EIT and PMT and determines that the Broadcast Flag is not present in such
Unknown Content.
(b) A Covered Modulator Product shall not insert the Broadcast Flag into any content.
(c) For the avoidance of doubt, a product shall not be subject to this Section X.14 if and
to the extent:
(1) such product is not capable of receiving and modulating Unknown Content; or
(2) the Modulation Function of such product me rely:
(A) transcodes a signal from VSB to QAM or from QAM to VSB;
18

(B) changes the physical channel; or
(C) makes other changes to the signal not affecting the presence or absence of
the Broadcast Flag or any other access control or copyright management
information;
in each case, regardless of whether or not corresponding changes are made to the
PSIP (if present).

X.15 Robustness Requirements for Covered Modulator Products: Construction
(a) Covered Modulator Products shall be manufactured in a manner clearly designed to
effectively frustrate attempts to modify such Covered Modulator Products to defeat the
Modulator Compliance Requirements.
(b) Covered Modulator Products shall not include:
(1) switches, buttons, jumpers or software equivalents thereof,
(2) specific traces that can be cut, or
(3) functions (including service menus and remote-control functions),
in each case by which the Modulator Compliance Requirements can be defeated.
X.16 Robustness Requirements for Covered Modulator Products: Methods of
Making Functions Robust.
Covered Modulator Products shall be manufactured using at
least the following techniques in a manner that is clearly designed to effectively frustrate
attempts to defeat the content protection requirements set forth below.
(a) Software. Without limiting the requirement s of Section X.15, portions of a Covered
Modulator Product that implement in Software the content protection requirements set
forth in the Modulator Compliance Requirements shall be designed so as to perform or
ensure checking of the integrity of its component parts such that unauthorized
modifications will be expected to result in a failure of the implementation to provide an
8-VSB, 16-VSB, 64-QAM or 256-QAM modulated output of Unknown Content. For
purposes of this Section X.16(a), a "modification" includes any change in, or disturbance
or invasion of, features or characteristics, or interruption of processing, relevant to
Section X.15. This Section X.16(a) requires at a minimum the use of signed code or
more robust means of "tagging" operating throughout the code. For purposes of this
Section X.16(a), "signed code" means a method of achieving trusted distribution of
Software by using public key cryptography, keyed hash, or other means at least as
19

effective, to form a digital signature over Software such that its authenticity and integrity
can be verified.
(b) Hardware. Without limiting the requirements of Section X.15, the portions of a
Covered Modulator Product that implement in Hardware the content protection
requirements set forth in the Modulator Compliance Requirements shall be designed such
that attempts to remove, replace, or reprogram Hardware elements in a way that would
compromise the content protection requirements set forth in the Modulator Compliance
Requirements in Covered Modulator Products would pose a serious risk of rendering the
Covered Modulator Product unable to receive or modulate Unknown Content. By way of
example, a component that is soldered rather than socketed, or affixed with epoxy, may
be appropriate for this means.
(c) Hybrid. The interfaces between Hardware and Software portions of a Covered
Modulator Product shall be designed so that the Hardware portions comply with the level
of protection that would be provided by a pure Hardware implementation, and the
Software portions comply with the level of protection that would be provided by a pure
Software implementation.
X.17 Robustness Requirements for Covered Modulator Products: Level of
Protection.
The content protection requirements set forth in the Modulator Compliance
Requirements shall be implemented in a reasonable method so that they:
(a) Cannot be defeated or circumvented merely by using general-purpose tools or
equipment that are widely available at a reasonable price, such as screwdrivers, jumpers,
clips and soldering irons, or using specialized electronic tools or specialized software
tools that are widely available at a reasonable price, such as EEPROM readers and
writers, debuggers or decompilers, other than Circumvention Devices; and
(b) Can only with difficulty be defeated or circumvented using professional tools or
equipment, such as logic analyzers, chip disassembly systems, or in-circuit emulators or
any other tools, equipment, methods, or techniques not described in Section X.17(a) such
as would be used primarily by persons of professional skill and training, but not including
professional tools or equipment that are made available only on the basis of a non-
disclosure agreement or Circumvention Devices.
X.18 Robustness Requirements for Covered Modulator Products: Advance of
Technology.
Although an implementation of a Covered Modulator Product when
designed and first shipped may meet the above standards, subsequent circumstances may
arise which, had they existed at the time of design of a particular Covered Modulator
Product, would have caused such products to fail to comply with these Modulator
Robustness Requirements ("New Circumstances"). If a manufacturer of a Covered
Modulator Product has actual notice or actual knowledge of New Circumstances that
20

relate to the manufacturer's specific implementation of a Covered Modulator Product
(hereinafter referred to as "Notice"), then within eighteen (18) months after Notice such
manufacturer shall cease distribution of such Covered Modulator Product and shall only
distribute Covered Modulator Products that are compliant with the Modulator Robustness
Requirements in view of the then-current circumstances.
X.19 Authorization for Use With Unscreened Content. In order to be authorized for
use with Unscreened Content, an Authorized Digital Output Protection Technology or
Authorized Recording Method must, in addition to meeting other applicable criteria,
further either:
(1) protect Unscreened Content in a manner that prohibits its digital recording
(other than temporary storage solely for the purpose of enabling immediate or
delayed display) unless and until the EIT or PMT for content contained in a stream
that has not been altered following demodulation is inspected for the Broadcast
Flag, in which case:
(A) if the Broadcast Flag is determined to be present, the content shall
thenceforth be treated in the same manner as if it had been passed from a
Covered Demodulator Product protected by such Authorized Digital Output
Protection Technology (pursuant to X.4(a)(3) or X.6(b)), or recorded using
such Authorized Recording Method (pursuant to X.4(b)(2)), as Marked
Content; and
(B) if the Broadcast Flag is determined not to be present, no protections are
thenceforth required to apply; or
(2) protect Unscreened Content so that such content may be accessed in usable form
by another product only if such other product protects such content in accordance
with the Compliance and Robustness Requirements applicable to Unscreened
Content, as if it were a Covered Demodulator Product.