§ 76.1904   Encoding rules for defined business models.

   (a)  Commercial audiovisual content delivered as unencrypted broadcast
   television shall not be encoded so as to prevent or limit copying thereof by
   covered products or, to constrain the resolution of the image when output
   from a covered product.

   (b) Except for a specific determination made by the Commission pursuant to a
   petition with respect to a defined business model other than unencrypted
   broadcast  television,  or  an undefined business model subject to the
   procedures set forth in § 76.1906:

   (1) Commercial audiovisual content shall not be encoded so as to prevent or
   limit copying thereof except as follows:

   (i)  To  prevent  or  limit copying of video-on-demand or pay-per-view
   transmissions, subject to the requirements of paragraph (b)(2) of this
   section; and

   (ii) To prevent or limit copying, other than first generation of copies, of
   pay television transmissions, non-premium subscription television, and free
   conditional access delivery transmissions; and

   (2)  With  respect  to any commercial audiovisual content delivered or
   transmitted in form of a video-on-demand or pay-per-view transmission, a
   covered entity shall not encode such content so as to prevent a covered
   product, without further authorization, from pausing such content up to 90
   minutes  from  initial  transmission  by  the  covered  entity  (e.g.,
   frame-by-frame, minute-by-minute, megabyte by megabyte).

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