Mobile DTV Tuners Need Not Receive Terrestrial TV, FCC Says

Portable devices that receive mobile DTV broadcasts were exempted from FCC rules that they contain tuners capable of getting regular analog and digital broadcasts, in a Media Bureau decision Thursday afternoon. Cellphones, PDAs, laptops, dongles and devices used in autos can exclude analog and/or ATSC A/53 digital TV signal reception if they can get mobile broadcasts using A/153. The products must be designed to be used “in motion” and give notice to consumers on the package and in certain cases at point of sale about which types of signals can’t be received.

Bureau staffers recently wrapped up work on the order, which was informally signed off on by the office of Chairman Julius Genachowski and set for public release after our deadline Thursday, commission staffers said. Consumer electronics companies sought approval of the exemption by early this month so mobile DTV products can hit store shelves by the holiday shopping season (CED June 8 p3). With the order, that can happen, industry executives told us.

The order applies to all entities that make, import, market, distribute and sell mobile TV receivers. The exemption was sought by Hauppauge Computer Works and jointly by Dell and LG Electronics. The bureau denied an “expansive waiver” request by Elgato Systems and SiliconDust USA, which would have exempted all TV receivers from having to include analog reception, the order said. “That outcome would be more appropriately pursued through the rulemaking process, rather than in this docket. We do note, however, that there is still a need for analog reception capability for some viewers, at least in the near future, and the continuing availability of analog-capable receivers is one factor that reassures us that this waiver will encourage new service while not causing any loss of existing service."

Low-power-only broadcasters, many still in analog, didn’t make filings on the waiver requests, and none of the 31 comments that were received opposed them (CED June 15 p4), the ruling said. “As the only group of broadcasters still transmitting analog signals, LPTV broadcasters are arguably the parties that would be most negatively affected by the grant of this waiver, and the support of some” companies that also have such stations “(and lack of active opposition by any) is significant,” it said. Mobile DTV “is unavailable to most potential viewers, even those in areas served with A/153 signals,” it continued. “Since the waiver will expand access to this new technology without reducing access to the old, LG argues, it should be granted. We agree."

The bureau found persuasive industry arguments that handheld devices and items like dongles that work with them are “particularly sensitive to weight and power consumption” because of their size, the order said. “We are convinced by the comments that both weight and power consumption would be increased by inclusion of any non-mobile reception capability in a mobile device, and that inclusion of analog reception capability would be particularly problematic due to its greater power demand and higher computational needs. The small size of these devices, and the resulting limits on antenna design, also make them particularly susceptible to the problems associated with receiving analog signals via small, low power antennas close to other radiators, including the screens or cellular radios of some mobile devices and the tuning chipsets themselves."

The bureau noted it acted quickly, expediting comment deadlines in docket 10-111 and speeding up review of those filings and release of the ruling. That was a recognition of “the delays inherent in electronics manufacturing and distribution, and consumer electronics manufacturers’ need for ’sufficient lead time’ to develop products for release to market,” it said. “They realized the tight time frame with the holiday selling season coming up,” said Vice President Julie Kearney of CEA. “To the extent that the products are out there and in development, this is great.” The regulator recognized requirements for inclusion of analog tuners “was a real hindrance in the marketplace and the manufacture of these innovative devices,” she said.

"It is great news for the launch of mobile DTV service,” said LG spokesman John Taylor. “Overall, LG views this as another shot in the arm for mobile DTV. This order gives manufacturers the certainty that we need to launch products for the holiday selling season and this is important to help build a robust market for mobile DTV.” The company plans to have on shelves by year’s end a device with a DVD player and mobile DTV receiver that won’t get analog broadcasts, Taylor said. A Hauppauge representative didn’t reply to a message seeking comment. A Dell spokeswoman said the company is “glad that the waiver has been supported.”