**DA 08-1081**

**Released: June 5, 2008**

**MEDIA BUREAU ACTION**

**MPAA Files Petition for Waiver of the Prohibition\
On the Use of Selectable Output Controls (47 C.F.R. § 76.1903)**

**CSR-7947-Z/MB Docket No. 08-82**

**Comment Date: June 25, 2008**

**Reply Comment Date: July 7, 2008**

The Motion Picture Association of America ("MPAA"), on behalf of member
companies Paramount Pictures Corporation, Sony Pictures Entertainment,
Inc., Twentieth Century Fox Film Corporation, Universal City Studios
LLLP, Walt Disney Studios Motion Pictures and Warner Bros.
Entertainment, Inc. (collectively, "Petitioners"), has filed this
petition pursuant to Sections 1.3 and 76.7 of the Commission's rules[^1]
seeking an expedited permanent waiver of Section 76.1903 of the
Commission's rules.[^2] Specifically, MPAA requests that the Commission
waive its prohibition on the use of selectable output control ("SOC")
for set-top boxes in order to facilitate partnerships between
Petitioners and multi-channel video programming distributors ("MVPDs")
to provide copy-protected, high definition feature films directly to
subscribers prior to the films' prerecorded media release dates.
According to MPAA, the new service will benefit the public by expanding
the timeliness and quality of consumers' in-home viewing choices while
aiding the digital transition by providing more incentives to purchase
new high definition televisions. MPAA contends that allowing customers
to view high-value, recently released films via unprotected outputs
would create an unacceptably high risk of unlawful copying and
redistribution. Therefore, the proposed service could be offered only if
the SOC prohibition is waived. Further, MPAA argues that the Commission
recognized the potential benefits of SOC when it adopted the rule and
left open the possibility of waivers that would be "advantageous to
consumers." We seek comment on MPAA's petition.

This proceeding will be treated as "permit but disclose" for purposes of
the Commission's *ex parte* rules. *See generally* 47 C.F.R. §§
1.1200-1.1216. As a result of the permit-but-disclose status of this
proceeding, *ex parte* presentations will be governed by the procedures
set forth in Section 1.1206 of the Commission's rules applicable to
non-restricted proceedings.[^3]

Comments and oppositions are due June 25, 2008. All filings should refer
to the case identifier, CSR‑7947‑Z, and MB Docket No. 08-82 and must be
submitted in MB Docket No. 08-82. Pleadings sent via e-mail to the
Commission will be considered informal and will not be part of the
official record. Comments and oppositions filed must indicate that they
have been served on Petitioner. All comments and oppositions must be
served on counsel for Petitioner:

> Kathleen Q. Abernathy
>
> Robert S. Strauss Building
>
> 1333 New Hampshire Avenue, N.W.
>
> Washington, D.C. 20036
>
> Michael P. O'Leary
>
> Motion Picture Association of America, Inc.
>
> 1600 Eye Street, N.W.
>
> Washington, DC 20006

Petitioner's reply is due July 7, 2008.

Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies.[^4]

Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS:
[http://www.fcc.gov/cgb/ecfs/](http://www.fcc.gov/e-file/ecfs.html) or
the Federal eRulemaking Portal:
[http://www.regulations.gov](http://www.regulations.gov/). Filers should
follow the instructions provided on the website for submitting comments.

For ECFS filers, in completing the transmittal screen, filers should
include their full name, U.S. Postal service mailing address, and the
applicable docket number: MB Docket No. 08-82. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to <ecfs@fcc.gov>, and include the
following words in the body of the message: "get form". A sample form
and instructions will be sent in response.

Paper Filers: Parties who choose to file by paper must file an original
and four copies of each filing. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The filing
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes 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 mail, Express Mail, and Priority Mail
should be addressed to 445 12^th^ Street, SW, Washington, D.C. 20554.

One copy of each pleading must be sent to Brendan Murray, Media Bureau,
Room 4-A737, 445 12^th^ Street, S.W., Washington, D.C. 20554 or
<Brendan.Murray@fcc.gov>.

Copies of the Waiver Request and any subsequently filed documents in
this matter are also available for inspection in the Commission's
Reference Information Center:

> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092

Alternate formats of this Public Notice (computer diskette, large print,
audio recording, or Braille) are available to persons with disabilities
by contacting the Consumer and Governmental Affairs Bureau at (202)
418-0530 or (202) 418-7365 (TTY).

For further information, contact Brendan Murray of the Media Bureau,
(202) 418-1573. Press inquiries should be directed to Clyde Ensslin,
(202) 418-0506. TTY: (202) 418-7172 or (888) 835-5322.

-FCC-

[^1]: 47 C.F.R. §§ 1.3, 76.7

[^2]: 47 C.F.R. § 76.1903

[^3]: 47 C.F.R. § 1.1206

[^4]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, para.
    8 (April 6, 1998).