Federal Communications Commission DA 08-848
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Westinghouse Digital Electronics, LLC
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File No. EB-07-SE-261
Acct. No. 200832100028
FRN No. 0017020017
ORDER
Adopted: April 9, 2008 Released: April 10, 2008
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and Westinghouse Digital Electronics, LLC (“Westinghouse Digital 
Electronics”).  The Consent Decree terminates an investigation by the Bureau against Westinghouse 
Digital for possible violations of section 330(c) of the Communications Act of 1934, as amended (the 
“Act”),1 and section 15.120(d)(2) of the Commission’s rules,2 regarding the interstate shipment, after 
March 15, 2006, of digital television receivers that do not comply with the V-Chip technology 
requirements because they lack the ability to adapt to new rating systems.  
2. The Bureau and Westinghouse Digital Electronics have negotiated the terms of the 
Consent Decree that resolve this matter.  A copy of the Consent Decree is attached hereto and 
incorporated by reference.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
investigation. 
4. In the absence of material new evidence relating to this matter, we conclude that our 
investigation raises no substantial or material questions of fact as to whether Westinghouse Digital 
Electronics possesses the basic qualifications, including those related to character, to hold or obtain any 
Commission license or authorization.    
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act 
of 1934, as amended,3 and sections 0.111 and 0.311 of the Commission’s Rules,4 the Consent Decree 
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
  
1 47 U.S.C. § 330(c).
2 47 C.F.R. § 15.120(d)(2).
3 47 U.S.C. § 154(i).
4 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 08-848
7. IT IS FURTHER ORDERED that all third-party complaints against Westinghouse 
Digital Electronics before the Bureau related to the above-captioned-investigation as of the date of this 
Consent Decree ARE DISMISSED.
8. IT IS FURTHER ORDERED that Westinghouse Digital Electronics shall make its
voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card 
through the Commission’s Revenue and Receivables Operations Group at (202) 418-1995, or by mailing 
a check or similar instrument payable to the Order of the Federal Communications Commission, to 
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank Federal Reserve Bank of New York, and account number 27000001.  For 
payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted.  When completing the 
FCC Form 159, enter the Account number in block number 23A (call sign/other ID), and enter the letters 
“FORF” in block number 24A (payment type code).  
9. IT IS FURTHER ORDERED that Westinghouse Digital Electronics will file reports 
with the Commission ninety days after the Effective Date, twelve months after the Effective Date, and
twenty-four months after the Effective Date.  Each report shall include a compliance certificate from an 
officer, as an agent of Westinghouse Digital Electronics, stating that the officer has personal knowledge 
that Westinghouse Digital Electronics has established operating procedures intended to ensure 
compliance with this Consent Decree, together with an accompanying statement explaining the basis for 
the officer’s compliance certification.  All reports shall be submitted to Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554.
10. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to Darwin Chang, Chief Technology 
Office, Westinghouse Digital Electronics, LLC, 12150 Mora Drive, Santa Fe Springs, CA 90670, and to 
its counsel, Gunnar D. Halley, Esq., Lawler, Metzger, Milkman & Keeney, LLC, 2001 K Street, NW, 
Suite 802, Washington, DC 20006, and Christopher J. Wright, Esq., Harris, Wiltshire & Grannis, LLP, 
1200 18th St., N.W. Washington, DC 20036.  
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission DA 08-848
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Westinghouse Digital Electronics, LLC 
)
)
)
)
)
File No. EB-07-SE-261
Acct. No. 200832100028
FRN No. 0017020017
CONSENT DECREE
The Enforcement Bureau (“Bureau”) and Westinghouse Digital Electronics, LLC (“Westinghouse Digital 
Electronics”), by their authorized representatives, hereby enter into this Consent Decree for the purpose of 
terminating the Bureau’s investigation into whether Westinghouse Digital Electronics violated section 
330(c) of the Communications Act of 1934, as amended (the “Act”),1 and section 15.120(d)(2) of the 
Commission’s rules,2 regarding the interstate shipment, after March 15, 2006, of digital television 
receivers that do not comply with the V-Chip technology requirements because they lack the ability to 
adapt to new rating systems.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(c) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(d) “Complaints” means third-party complaints that may have been received by, or are 
in the possession of, the Commission or Bureau alleging violations of V-Chip 
technology requirements.
(e) “Compliance Plan” means the program described in this Consent Decree at 
paragraph 8.
(f) “Digital Television Receivers” or “DTV Receivers” means (i) digital television 
broadcast receivers with display screens in the 4:3 aspect ratio measuring 13 inches 
or larger diagonally, (ii) digital television broadcast receivers with display screens in 
the 16:9 aspect ratio measuring 7.8 inches or larger vertically, and (iii) devices with 
digital television broadcast tuners sold without an accompanying display device, 
such as DVR recorders.
(g) “Effective Date” means the date on which the Bureau releases the Adopting Order.
  
1 47 U.S.C. § 330(c).
2 47 C.F.R. § 15.120(d)(2).
Federal Communications Commission DA 08-848
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(h) “Investigation” means the investigation commenced by the Bureau’s August 9, 2007 
Letter of Inquiry3 regarding whether Westinghouse Digital Electronics violated 
section 330(c) of the Act, and section 15.120(d)(2) of the Rules, by shipping 
interstate television receivers that do not comply with the V-Chip technology 
requirements because they lack the ability to adapt to new rating systems.4  
(i) “Westinghouse Digital Electronics” means Westinghouse Digital Electronics, LLC 
and its predecessors-in-interest and successors-in-interest.
(j) “Order” or “Adopting Order” means an Order of the Bureau adopting the terms of 
this Consent Decree without change, addition, deletion, or modification.
(k) “Parties” means Westinghouse Digital Electronics and the Bureau.
(l) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
2. Section 303(x) of the Act directs the Commission to prescribe rules requiring that 
television receivers shipped in interstate commerce or manufactured in the United States be equipped with 
a feature designed to enable viewers to block the display of all programs with a common rating.5 Section 
330(c) of the Act provides that no person shall ship in interstate commerce or manufacture in the United 
States television receivers that do not comply with rules prescribed by the Commission pursuant to 
section 303(x).6 The Commission adopted program blocking capability requirements for both analog and 
digital television (“DTV”) receivers in 1998.7 In 2004, the Commission adopted specific technical 
standards to implement V-Chip functionality for DTV receivers (“V-Chip technology requirements”).8  
The DTV V-Chip technology requirements provide that, effective March 15, 2006, digital television 
receivers with picture screens 13 inches or greater that are shipped in interstate commerce must be 
equipped with V-Chip technology to allow blocking of the display of programming based on its content 
and be able to respond to changes in the content advisory rating system.9  
3. On August 9, 2007, the Bureau issued a letter of inquiry (LOI) to Westinghouse Digital 
Electronics.10 The August 9, 2007 LOI directed Westinghouse Digital Electronics, among other things, to 
  
3 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Richard 
Huong, Chief Executive Officer, Westinghouse Digital Electronics, LLC (“August 9, 2007 LOI”).
4 47 U.S.C. § 330(c); 47 C.F.R. § 15.201(d)(2). 
5 47 U.S.C. § 303(x).
6 47 U.S.C. § 330(c).
7 In the Matter of Technical Requirements to Enable Blocking of Video Programming Based on Program Rating, 
Implementation of Sections 551(c), (d), and (e) of the Telecommunications Act of 1996, Report and Order, 13 FCC 
Rcd 11248 (1998).
8 In the Matter of Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to 
Digital Television, Report and Order, 19 FCC Rcd 18279 (2004).  The V-Chip technology requirements also apply 
to devices sold without an accompanying display device.  Id. at 18348.
9 47 C.F.R. § 15.120(d)(2).
10 See August 9, 2007 LOI.  
Federal Communications Commission DA 08-848
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submit a sworn written response to a series of questions relating to the interstate shipment of television 
receivers that did not comply with the Commission’s requirements that they be able to respond to changes 
in the content advisory rating system.  Westinghouse Digital Electronics responded to the August 9, 2007 
LOI on October 9, 2007.11
III. TERMS OF AGREEMENT
4. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order without change, addition, modification, or deletion.
5. Jurisdiction. Westinghouse Digital Electronics agrees that the Bureau has jurisdiction 
over it and the matters contained in this Consent Decree and has the authority to enter into and adopt this 
Consent Decree.
6. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the date on which the Bureau releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement 
of a Commission Order.
7. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate its investigation and dismiss the Complaint.  In consideration for the termination of said 
investigation and dismissal of the Complaint, Westinghouse Digital Electronics agrees to the terms, 
conditions, and procedures contained herein.  The Bureau further agrees that in the absence of new 
material evidence, the Bureau will not use the facts developed in this investigation through the Effective 
Date of the Consent Decree, or the existence of this Consent Decree, to institute, on its own motion, any 
new proceeding, formal or informal, or take any action on its own motion against Westinghouse Digital 
Electronics concerning the matters that were the subject of the investigation.  The Bureau also agrees that 
it will not use the facts developed in this investigation through the Effective Date of this Consent Decree, 
or the existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, 
or take any action on its own motion against Westinghouse Digital Electronics with respect to 
Westinghouse Digital Electronics’ basic qualifications, including its character qualifications, to be a 
Commission licensee or hold Commission authorizations.  
8. Compliance Plan. For purposes of settling the matters set forth herein, Westinghouse 
Digital Electronics agrees to create within 60 days and maintain a Compliance Plan related to future 
compliance with the Act, the Commission’s Rules, and the Commission’s Orders.  The Plan will include, 
at a minimum, the following components: 
(a) Customer Notification. Westinghouse Digital Electronics will notify all customers in its 
data base who purchased digital television receivers that do not comply with section 
15.120(d)(2) that the receivers need to be upgraded to respond to changes in the content 
advisory rating system.  Westinghouse Digital Electronics also will post this information on 
its website and will provide this information to customers who are on hold while calling its 
service and call centers.
  
11 See Letter from Darwin Chang, Chief Technology Officer, Westinghouse Digital Electronics, LLC, to Kathryn 
Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (October 9, 2007).
Federal Communications Commission DA 08-848
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(b) Receiver Upgrades.  Westinghouse Digital Electronics will assist customers who purchased 
models with a USB connector in downloading appropriate firmware from its website and 
installing it on the receiver through the USB connector.  Westinghouse Digital will make the 
firmware available on its website for a period of five years.  If a customer is not able to 
download the firmware, Westinghouse Digital Electronics will offer to provide a device (such 
as a thumb drive or a compact disc) at no charge that the customer can use to install the 
upgrade.  For customers who purchased models without a USB connector or firmware 
solution, Westinghouse Digital Electronics will permit the customer to bring the receiver to 
the store where it was purchased or to a Westinghouse Digital Electronics service center, 
where the receiver will be upgraded or replaced, at Westinghouse Digital Electronics’ 
discretion, without charge to the customer. 
(c) Compliance Officer. Westinghouse Digital Electronics will appoint its Chief Technology 
Officer as the Compliance Officer who will oversee the Compliance Plan and enforce the 
applicable FCC requirements within Westinghouse Digital Electronics.
(d) Compliance Measures.  To ensure future compliance, Westinghouse Digital Electronics will 
implement compliance policies and procedures which will: (1) require specifications for the 
purchase of products and components to include specific reference to applicable FCC 
standards; (2) include compliance with FCC requirements in the company’s internal and 
external product design review process; (3) establish procedures for and conduct periodic 
product testing with respect to compliance with applicable FCC standards; (4) and identify, 
segregate, and track to resolution design and product issues specifically affecting the ability 
of a product to comply with FCC standards.
(e) Compliance Reports. Westinghouse Digital Electronics will file compliance reports with 
the Commission ninety days after the Effective Date, twelve months after the Effective Date, 
and twenty-four months after the Effective Date.  Each compliance report shall include a 
compliance certificate from an officer, as an agent of Westinghouse Digital Electronics, 
stating that the officer has personal knowledge that Westinghouse Digital Electronics has 
established operating procedures intended to ensure compliance with this Consent Decree, 
together with an accompanying statement explaining the basis for the officer’s compliance 
certification.  All compliance reports shall be submitted to Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554.  
(f) Termination Date.  Unless stated otherwise, the requirements of this Consent Decree will 
expire twenty-four months after the Effective Date.
9. Voluntary Contribution.  Westinghouse Digital Electronics agrees that it will make a 
voluntary contribution to the United States Treasury in the amount of $210,000.  The payment will be 
made within 30 days after the Effective Date of the Adopting Order.  The payment must be made by 
check or similar instrument, payable to the Order of the Federal Communications Commission.  The 
payment must include the Account Number and FRN Number referenced in the caption to the Adopting 
Order.  Payment by check or money order may be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment 
by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account 
number 27000001.  For payment by credit card, an FCC Form 159 (Remittance Advice) must be 
submitted.  When completing the FCC Form 159, enter the Account number in block number 23A (call 
sign/other ID), and enter the letters “FORF” in block number 24A (payment type code).  
Federal Communications Commission DA 08-848
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10. Waivers.  Westinghouse Digital Electronics waives any and all rights it may have to seek 
administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the 
validity of this Consent Decree and the Order adopting this Consent Decree, provided the Bureau issues 
an Order adopting the Consent Decree without change, addition, modification, or deletion.  Westinghouse 
Digital Electronics shall retain the right to challenge Commission interpretation of the Consent Decree or 
any terms contained herein.  If either Party (or the United States on behalf of the Commission) brings a 
judicial action to enforce the terms of the Adopting Order, neither Westinghouse Digital Electronics nor 
the Commission shall contest the validity of the Consent Decree or the Adopting Order, and 
Westinghouse Digital Electronics shall waive any statutory right to a trial de novo.  Westinghouse Digital 
Electronics hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice 
Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent 
Decree.
11. Severability. The Parties agree that if any of the provisions of the Adopting Order or the 
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate 
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting 
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable 
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced 
accordingly.  In the event that this Consent Decree in its entirety is rendered invalid by any court of 
competent jurisdiction, it shall become null and void and may not be used in any manner in any legal 
proceeding.
12. Subsequent Rule or Order. The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Westinghouse Digital 
Electronics does not expressly consent) that provision will be superseded by such Commission rule or 
Order.
13. Successors and Assigns. Westinghouse Digital Electronics agrees that the provisions of 
this Consent Decree shall be binding on its successors, assigns, and transferees.  
14. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  The Parties further agree that this Consent Decree does 
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding 
any compliance or noncompliance with the requirements of the Act or the Commission’s Rules and 
Orders.  
15. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
16. Paragraph Headings. The headings of the Paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
17. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
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18. Counterparts. This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.
_______________________________
Kris Anne Monteith
Chief
Enforcement Bureau 
________________________________
Date
________________________________
Darwin Chang
Chief Technology Officer
Westinghouse Digital Electronics, LLC
________________________________
Date