FCC Seeks Comment on EchoStar's Petition for Waiver of Over-the-Air Analog Tuner Requirements

EchoStar has filed a petition requesting that the Federal Communications Commission waive Section 15.117(b) of the Commission’s rules. Section 15.117(b) states that “TV broadcast receivers shall be capable of adequately receiving all channels allocated by the FCC to the television broadcast service.” EchoStar seeks a waiver of Section 15.117(b) in order to import, market, and sell two models of the Channel Master K77, a high-definition (“HD”), Internet-enabled, digital video recorder (“DVR”) that does not include an analog broadcast tuner.

Section 15.117 of the Commission’s rules generally ensures that TV broadcast receivers, including devices such as the Channel Master K77, are capable of receiving all of the channels allocated by the FCC to the broadcast television service, including channels in both analog and digital formats. EchoStar states that the Channel Master K77 models will combine access to broadcast programming with over-the-top and DVR functionalities, promoting consumer choice in both retail equipment and in services for households seeking a non-MVPD option for video programming. EchoStar maintains that requiring an analog tuner “would dramatically increase the device’s cost, size, and energy consumption without any countervailing benefits to consumers.” Further, EchoStar claims that consumers who purchase the device would still be able to access analog signals through their television tuners. The FCC seeks comment on EchoStar’s request for waiver of Section 15.117(b) with respect to its Channel Master K77 models. The FCC notes that, unlike recent similar petitioners, EchoStar did not voluntarily commit to educating consumers about the functionality of the K77 devices. Accordingly, the FCC seeks comment on whether EchoStar should be required to undertake similar consumer education efforts as a condition of any potential waiver relief.