compro videomate u3 not creating dvb-t divices

Hi every body.
I have had this device for quite some time and waited for the driver to mature. Recently under Ubuntu 13.10 the divice is being Identified as Compro, VideoMate U3 (card=46) however TV devices are being created only as "V4L2 video device registered as video0" which is correct as the usb is a dual analogue/digital tuner so video has been created at least. At first I did not think is was working so I put it in a Virtual Box Windows XP, driver and tv app and it worked (For a brief time before blue screening). In the UK analogue programs have gone for good getting this to work is important and goodies are justifiable

The tuner has :
    Supports SDTV and 1080i HDTV formats in available area
    Supports digital FM radio reception (not DAB type)
    Supports Teletext and EPG in available area
    Supports all DVB-T audio formats and Australia HDTV audio formats

There are plenty of supported cards on em28xx driver I’m not even sure if the firmware is right?
Is there a work round to get this working or is it heading for the bin.
This is what's reported with dmesg.

[160274.161840] usb 1-2: new high-spe ed USB device number 42 using ehci-pci
[160274.297741] usb 1-2: New USB device found, idVendor=eb1a, idProduct=2870
[160274.297759] usb 1-2: New USB device strings: Mfr=0, Product=1, SerialNumber=0
[160274.297769] usb 1-2: Product: VideoMate U3
[160274.299579] em28xx: New device VideoMate U3 @ 480 Mbps (eb1a:2870, interface 0, class 0)
[160274.299588] em28xx: Video interface 0 found: isoc
[160274.299591] em28xx: DVB interface 0 found: isoc
[160274.300295] em28xx: chip ID is em2870
[160274.689767] em2870 #0: i2c eeprom 00: 1a eb 67 95 1a eb 70 28 40 12 62 40 6a 1c 00 00
[160274.689805] em2870 #0: i2c eeprom 10: 00 00 04 57 0e 1d 00 00 00 00 00 00 00 00 00 00
[160274.689821] em2870 #0: i2c eeprom 20: 04 00 00 00 f0 10 01 00 00 00 00 00 5b 00 00 00
[160274.689836] em2870 #0: i2c eeprom 30: 00 00 20 40 20 80 02 20 01 01 00 00 00 00 00 00
[160274.689852] em2870 #0: i2c eeprom 40: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689867] em2870 #0: i2c eeprom 50: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689882] em2870 #0: i2c eeprom 60: 00 00 00 00 00 00 00 00 00 00 1c 03 56 00 69 00
[160274.689897] em2870 #0: i2c eeprom 70: 64 00 65 00 6f 00 4d 00 61 00 74 00 65 00 20 00
[160274.689913] em2870 #0: i2c eeprom 80: 55 00 33 00 00 00 63 00 65 00 00 00 00 00 00 00
[160274.689928] em2870 #0: i2c eeprom 90: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689943] em2870 #0: i2c eeprom a0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689958] em2870 #0: i2c eeprom b0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689973] em2870 #0: i2c eeprom c0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.689988] em2870 #0: i2c eeprom d0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.690003] em2870 #0: i2c eeprom e0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.690019] em2870 #0: i2c eeprom f0: 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00
[160274.690037] em2870 #0: EEPROM ID = 1a eb 67 95, EEPROM hash = 0xc9c50bc9
[160274.690043] em2870 #0: EEPROM info:
[160274.690046] em2870 #0: No audio on board.
[160274.690049] em2870 #0: 500mA max power
[160274.690053] em2870 #0: Table at offset 0x04, strings=0x1c6a, 0x0000, 0x0000
[160274.690059] em2870 #0: Identified as Compro, VideoMate U3 (card=46)
[160274.690062] em2870 #0:
[160274.690062]
[160274.690067] em2870 #0: The support for this board weren't valid yet.
[160274.690070] em2870 #0: Please send a report of having this working
[160274.690073] em2870 #0: not to V4L mailing list (and/or to other addresses)
[160274.690073]
[160274.690083] em2870 #0: v4l2 driver version 0.2.0
[160274.700778] em2870 #0: V4L2 video device registered as video0
[160274.700795] em2870 #0: analog set to isoc mode.
[160274.700802] em2870 #0: dvb set to isoc mode.
[162087.703203] em28xx_dvb: This device does not support the extension
[162087.703219] Em28xx: Initialized (Em28xx dvb Extension) extension