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Before the 

NATIONAL SCIENCE AND TECHNOLOGY COUNCIL 

SUB-COMMITTEE ON STANDARDIZATION 

Effectiveness of Federal Agency Participation 

in Standardization in Select Technology 

Sectors for National Science and Technology 

Council’s Sub-Committee on Standardization

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Docket No. 0909100442–0563–02 

COMMENTS OF THE 

CONSUMER ELECTRONICS ASSOCIATION 

The Consumer Electronics Association (CEA) is the preeminent trade association 

promoting growth in the $186 billion U.S. consumer electronics industry. More than 2,000 

companies enjoy the benefits of CEA membership, including legislative advocacy, market 

research, technical training and education, industry promotion, standards development and the 

fostering of business and strategic relationships. CEA also sponsors and manages the 

International CES – The Global Stage for Innovation. All profits from CES are reinvested into 

CEA’s industry services. 

CEA makes an ongoing effort to grow the CE industry by developing essential industry 

standards. CEA functions as a vital connection between companies, retailers and consumers to 

develop a unified technology roadmap. With more than 30 committees, subcommittees and 

working groups and roughly 1,400 participants, the CEA Technology & Standards program 

maintains an unmatched reputation as a credible and flexible standards-setting body. CEA is 

accredited by the American National Standards Institute (ANSI) as a Standards Development 
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Organization (SDO). In addition, CEA participates in the global coordination of standards and 

their development through participation and as a technical contributor in the International 

Electrotechnical Commission (IEC) and other international standardization activities intended to 

coordinate standards-setting in a globally harmonized manner. 

Emerging technologies offer great potential for delivering new, innovative products and 

services for the global marketplace. Standards can enable further innovation and enhance the 

value of these new technologies by promoting interoperability and economies of scale and 

ultimately lower cost for the end-user of the products. The National Technology Transfer and 

Advancement Act of 1995 (NTTAA) directs Federal agencies to rely on voluntary, consensus 

standards, in lieu of government-unique standards. Moreover, the NTTAA encourages the 

Federal government to participate in standards development activities led by the private sector, 

where appropriate. 

In this Request for Information the National Institute of Standards and Technology, on 

behalf of the National Science and Technology Council’s Sub-Committee on Standards, seeks 

comments on the effectiveness of Federal government’s participation in the development and 

implementation of standards and conformity assessment activities and programs. As an ANSIaccredited Standards Development Organization, CEA welcomes the opportunity to inform, and 

encourage, the Federal government’s continued engagement in industry-led standards-setting. 

Perspectives on Government’s Approach to Standards Activities

As the RFI notes, there are a variety of approaches that the Federal Government uses to 

participate in the standards-setting process, both nationally and internationally. Sometimes staff 
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members from Federal agencies participate directly as subject matter experts in standards-setting 

activities that are led by the private sector. At other times, agencies identify their standards 

needs and requirements, and then reach out to the private sector to develop the standards. 

Sometimes, agencies help fund coordination of private standards-setting activities to develop 

standards that are identified as national priorities. At other times, agencies take an active role in 

both identifying standards needs and directly contributing to the standards development process 

in collaboration with the private sector. In multi-disciplinary technologies, such as smart grid, 

health information technology, cyber security, emergency communications, etc., several Federal 

agencies with differing roles and mandates participate in standards development activities. 

CEA believes that all of these approaches for Government participation are valid and can 

result in the efficient development of standards that meet the needs of industry and address 

national priorities. The voluntary, industry led, consensus-based standards process which is the 

basis of much of the standardization activity in the U.S., is one that provides flexibility 

depending on the focus of the participants. No method of engagement by Federal agencies is 

inherently better than the others, since one size does not fit all possible standards solutions being 

sought. However, the Government should not control the outcome of the standards-setting 

process. Rather, the Government should define its requirements and let Standards Development 

Organizations, through their processes, develop the standards in the most efficient and effective 

manner. CEA encourages Federal agencies to carefully explore the relative benefits of these 

possible approaches for participation when contemplating engagement with industry in 

standards-setting. Strategic planning across the various agencies involved in any specific 

standard will help ensure the best possible outcome in terms of speed and utility of the resulting 

standard. CEA also encourages the continued and increased coordination across Federal 
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agencies on multi-disciplinary technologies mentioned above so that consistent needs are 

indentified for the standards-setting process. 

The U.S. Government should also continue to work with our trading partners to reduce 

and eliminate non-tariff barriers to trade, by utilizing relevant international standards as the basis 

for technical regulations. Most recently, a proliferation of divergent or non-harmonized 

approaches to accessibility, cyber security, energy efficiency, or smart grid standards have begun 

to create or have the potential to become non-tariff barriers that hinder trade and burden CE 

companies with unnecessary compliance costs. The Agreement on Technical Barriers to Trade – 

commonly referred to as the TBT Agreement – requires signatories, including the United States, 

to ensure that technical regulations, standards, testing, and certification procedures do not create 

unnecessary obstacles to trade. To the extent that the U.S. Government encourages or facilitates 

the coordination of national standards in emerging technologies, it should also create a strategy 

to harmonize such standards with global trading partners. 

Issues Considered During the Standards-Setting Process

Various factors including the existence of related or duplicative standards, competition 

among manufacturers and technology solutions, and the inclusion of intellectual property arise 

and are addressed during standards development through policies and procedures that the 

standards developers' members agree to as a basis of participation. 

The CEA procedures for standards creation comply with ANSI Essential Requirements, 

which detail the process an ANSI accredited Standards Development Organization (SDO) must 

undertake to ensure a good faith effort is made to avoid duplicative standard development 
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projects. CEA supports the approach outlined in the ANSI Essential Requirements to address 

conflict and duplication issues. Further, through CEA’s participation in relevant International 

Electrotechnical Commission (IEC) technical committees, efforts are made to determine whether 

there is potential for overlap or duplication with existing international standards. Duplicative or 

interrelated international standards of interest are identified through our IEC participation, 

members of the standards-setting committee, and periodic meetings with other standards-setting 

bodies throughout the world involved in efforts to write standards for similar technologies. 

Consistent with ANSI Essential Requirements, CEA supports Intellectual Property Rights 

(IPR) policies that require reasonable and non-discriminatory disclosure (RAND). CEA’s IPR 

policy requires patent holders to make commitments to offer licenses on essential, patented 

technology on RAND terms and conditions, with or without compensation. CEA policies 

encourage the early disclosure of essential patents in the standards process. 

CEA supports “open standards” processes. Participants in CEA standards-setting 

committees understand “open standards” in this context to mean that standards are developed 

and maintained by a collaborative, consensus‐based process; the standards-setting processes and 

procedures are transparent; any party with a direct and material interest can participate; a variety 

of interest groups are solicited during the drafting process; published standards are subject to 

RAND IPR policies; and published standards are made available to the public under reasonable 

terms. 
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Conclusion

Effective engagement and participation by Federal agencies’ in the development and 

implementation of standards and conformity assessment activities and programs is essential to 

the success of the standards-setting system in the U.S., especially for multidisciplinary 

technologies such as smart grid, health information technology, cyber security, emergency 

communications, etc. 

CEA appreciates the opportunity to provide input in response to the National Science and 

Technology Council’s Sub-Committee on Standards Request for Information. 

Respectfully submitted, 

CONSUMER ELECTRONICS 

ASSOCIATION 

By: 

____________________ 

Bill Belt 

Senior Director 

Technology and Standards 

March 7, 2011