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Evidence that CE makers and retailers have failed to adopt the CE...

Evidence that CE makers and retailers have failed to adopt the CE industry’s July 2006 voluntary TV labeling program “on a widespread basis” persuaded the FCC last week to order mandatory analog-cutoff labeling at the point of sale on…

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analog-only TVs, VCRs and DVD recorders, the Commission said in the text of its order released Thurs. The FCC has solid jurisdictional authority to impose the rules, the order said. The rules advance the Commission’s “statutory mandates and serve the public interest,” it said. They're also “consistent with prior exercises of the Commission’s authority,” including the DTV tuner mandate on which the new point-of-sale rules are based, it said. The FCC also has “numerous other labeling and disclosure requirements designed to further its statutory objectives and to protect consumers,” it said. Examples it cites are adopting technical, labeling and encoding rules to permit TV sets to be built with plug & play functionality for one-way digital cable services. Another involved labeling requirements for hearing-aid-compatible cellphones sold through a service provider’s stores. But rarely if ever has the Commission imposed disclosure rules on CE retailers. Still, a court challenge to the analog-only labeling rule seems improbable.