§  76.1204   Availability of equipment performing conditional access or
security functions.

   (a)(1) A multichannel video programming distributor that utilizes
   navigation devices to perform conditional access functions shall make
   available equipment that incorporates only the conditional access
   functions of such devices. Commencing on July 1, 2007, no multichannel
   video programming distributor subject to this section shall place in
   service new navigation devices for sale, lease, or use that perform
   both conditional access and other functions in a single integrated
   device.

   (2) The foregoing requirement shall not apply:

   (i) With respect to unidirectional navigation devices without recording
   functionality; or

   (ii) To a multichannel video programming distributor that supports the
   active use by subscribers of navigation devices that:

   (A) Operate throughout the continental United States, and

   (B) Are available from retail outlets and other vendors throughout the
   United States that are not affiliated with the owner or operator of the
   multichannel video programming system.

   (b) Conditional access function equipment made available pursuant to
   paragraph (a)(1) of this section shall be designed to connect to and
   function with other navigation devices available through the use of a
   commonly used interface or an interface that conforms to appropriate
   technical standards promulgated by a national standards organization.

   (c) No multichannel video programming distributor shall by contract,
   agreement, patent, intellectual property right or otherwise preclude
   the addition of features or functions to the equipment made available
   pursuant to this section that are not designed, intended or function to
   defeat the conditional access controls of such devices or to provide
   unauthorized access to service.

   (d) Notwithstanding the foregoing, navigation devices need not be made
   available pursuant to this section where:

   (1) It is not reasonably feasible to prevent such devices from being
   used for the unauthorized reception of service; or

   (2) It is not reasonably feasible to separate conditional access from
   other functions without jeopardizing security.

   (e) The requirements of this section shall become applicable on July 1,
   2000.

   (f) Paragraphs (a)(1), (b), and (c) of this section shall not apply to
   the provision of any navigation device that:

   (1) Employs conditional access mechanisms only to access analog video
   programming;

   (2) Is capable only of providing access to analog video programming
   offered over a multichannel video programming distribution system; and

   (3) Does not provide access to any digital transmission of multichannel
   video programming or any other digital service through any receiving,
   decoding, conditional access, or other function, including any
   conversion of digital programming or service to an analog format.

   [ 63 FR 38095 , July 15, 1998, as amended at  64 FR 29600 , June 2, 1999;
    68 FR 35822 , June 17, 2003;  70 FR 36052 , June 22, 2005;  76 FR 40279 ,
   July 8, 2011]

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