§ 15.123   Labeling of digital cable ready products.

   (a) The requirements of this section shall apply to unidirectional digital
   cable products. Unidirectional digital cable products are one-way devices
   that accept a Point of Deployment module (POD) and which include, but are
   not limited to televisions, set-top-boxes and recording devices connected to
   digital cable systems. Unidirectional digital cable products do not include
   interactive two-way digital television products.

   (b)  A unidirectional digital cable product may not be labeled with or
   marketed using the term “digital cable ready,” or other terminology that
   describes the device as “cable ready” or “cable compatible,” or otherwise
   indicates that the device accepts a POD or conveys the impression that the
   device is compatible with digital cable service unless it implements at a
   minimum the following features:

   (1) Tunes NTSC analog channels transmitted in-the-clear.

   (2) Tunes digital channels that are transmitted in compliance with SCTE 40
   2003  (formerly  DVS  313): “Digital Cable Network Interface Standard”
   (incorporated  by reference, see § 15.38), provided, however, that with
   respect to Table B.11 of that standard, the phase noise requirement shall be
   −86 dB/Hz including both in-the-clear channels and channels that are subject
   to conditional access.

   (3) Allows navigation of channels based on channel information (virtual
   channel  map  and  source  names) provided through the cable system in
   compliance with ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information
   Delivered  Out-of-Band  for Digital Cable Television” (incorporated by
   reference, see § 15.38), and/or PSIP-enabled navigation (ANSI/SCTE 54 2003
   (formerly DVS 241): “Digital Video Service Multiplex and Transport System
   Standard for Cable Television” (incorporated by reference, see § 15.38)).

   (4) Includes the POD-Host Interface specified in SCTE 28 2003 (formerly DVS
   295): “Host-POD Interface Standard” (incorporated by reference, see § 15.38),
   and  SCTE  41  2003  (formerly  DVS 301): “POD Copy Protection System”
   (incorporated  by  reference, see § 15.38), or implementation of a more
   advanced  POD-Host Interface based on successor standards. Support for
   Internet protocol flows is not required.

   (5) Responds to emergency alerts that are transmitted in compliance with
   ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and
   Transport System Standard for Cable Television” (incorporated by reference,
   see § 15.38).

   (6) In addition to the requirements of paragraphs (b)(1) through (5) of this
   section, a unidirectional digital cable television may not be labeled or
   marketed as digital cable ready or with other terminology as described in
   paragraph (b) of this section, unless it includes a DTV broadcast tuner as
   set forth in § 15.117(i) and employs at least one interface specified in
   paragraphs (b)(6)(i) and (ii) of this section:

   (i)  For 480p grade unidirectional digital cable televisions, either a
   DVI/HDCP, HDMI/HDCP, or 480p Y,Pb,Pr interface.

   (ii) For 720p/1080i grade unidirectional digital cable televisions, either a
   DVI/HDCP or HDMI/HDCP interface.

   (c) Before a manufacturer's or importer's first unidirectional digital cable
   product may be labeled or marketed as digital cable ready or with other
   terminology as described in paragraph (b) of this section, the manufacturer
   or importer shall verify the device as follows:

   (1) The manufacturer or importer shall have a sample of its first model of a
   unidirectional digital cable product tested to show compliance with the
   procedures set forth in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving
   Device: Conformance Checklist: PICS Proforma (incorporated by reference, see
   § 15.38) at a qualified test facility. If the model fails to comply, the
   manufacturer or importer shall have any modifications to the product to
   correct   failures   of  the  procedures  in  Uni-Dir-PICS-I01-030903:
   “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,”
   September 3, 2003 (incorporated by reference, see § 15.38) retested at a
   qualified   test   facility   and   the   product   must  comply  with
   Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma,” September 3, 2003 (incorporated by reference, see
   § 15.38)   in   accordance  with  the  test  procedures  set  forth  in
   Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device, Acceptance Test
   Plan,” February 25, 2004 (incorporated by reference, see § 15.38) or with
   M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card:
   Multiple  Profiles;  Conformance  Checklist:  PICS,” February 25, 2008
   (incorporated  by  reference,  see § 15.38) in accordance with the test
   procedures set forth in TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital
   Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March
   4, 2008 (incorporated by reference, see § 15.38) before the product or any
   related model may be labeled or marketed. If the manufacturer or importer's
   first unidirectional digital cable product is not a television, then that
   manufacturer or importer's first model of a unidirectional digital cable
   product which is a television shall be tested pursuant to this subsection as
   though it were the first unidirectional digital cable product. A qualified
   test facility may only require compliance with the procedures set forth in
   Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma, September 3, 2003 (incorporated by reference, see
   § 15.38).  Compliance  testing  beyond those procedures shall be at the
   discretion of the manufacturer or importer.

   (2) A qualified test facility is a testing laboratory representing cable
   television system operators serving a majority of the cable television
   subscribers in the United States or an appropriately qualified independent
   laboratory with adequate equipment and competent personnel knowledgeable
   with respect to Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device:
   Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by
   reference, see § 15.38); Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving
   Device, Acceptance Test Plan,” February 25, 2004 (incorporated by reference,
   see  § 15.38);  M-UDCP-PICS-I04-080225,  “Uni-Directional Cable Product
   Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February
   25,    2008    (incorporated    by   reference,   see   § 15.38);   and
   TP-ATP-M-UDCP-I05-20080304,  “Uni-Directional  Digital  Cable Products
   Supporting  M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008
   (incorporated  by  reference, see § 15.38). For any independent testing
   laboratory to be qualified hereunder such laboratory must ensure that all
   its decisions are impartial and have a documented structure which safeguards
   impartiality of the operations of the testing laboratory. In addition, any
   independent testing laboratory qualified hereunder must not supply or design
   products of the type it tests, nor provide any other products or services
   that could compromise confidentiality, objectivity or impartiality of the
   testing laboratory's testing process and decisions.

   (3) Subsequent to the testing of its initial unidirectional digital cable
   product model, a manufacturer or importer is not required to have other
   models of unidirectional digital cable products tested at a qualified test
   facility for compliance with the procedures of Uni-Dir-PICS-I01-030903:
   “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,”
   September 03, 2003 (incorporated by reference, see § 15.38) unless the first
   model tested was not a television, in which event the first television shall
   be tested as provided in § 15.123(c)(1). The manufacturer or importer shall
   ensure that all subsequent models of unidirectional digital cable products
   comply with the procedures in the Uni-Dir-PICS-I01-030903: “Uni-Directional
   Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003
   (incorporated by reference, see § 15.38) and all other applicable rules and
   standards. The manufacturer or importer shall maintain records indicating
   such compliance in accordance with the verification procedure requirements
   in part 2, subpart J of this chapter. The manufacturer or importer shall
   further submit documentation verifying compliance with the procedures in the
   Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference,
   see § 15.38) to the qualified test facility.

   (4)  Unidirectional  digital  cable  product models must be tested for
   compliance with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device:
   Conformance Checklist: PICS Proforma,” September 3, 2003 (incorporated by
   reference,  see  § 15.38)  in  accordance  with Uni-Dir-ATP-I02-040225:
   “Uni-Directional Receiving Device Acceptance Test Plan,” February 25, 2004,
   (incorporated by reference, see § 15.38) or an equivalent test procedure that
   produces identical pass/fail test results. In the event of any dispute over
   the applicable results under an equivalent test procedure, the results under
   Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device Acceptance Test
   Plan,” February 25, 2004 (incorporated by reference, see § 15.38) shall
   govern.

   (5) This paragraph applies to unidirectional digital cable product models
   which  utilize Point-of-Deployment modules (PODs) in multi-stream mode
   (M-UDCPs).

   (i) The manufacturer or importer shall have a sample of its first model of a
   M-UDCP  tested  at  a  qualified test facility to show compliance with
   M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card:
   Multiple  Profiles;  Conformance  Checklist:  PICS,” February 25, 2008
   (incorporated by reference, see § 15.38) as specified in the procedures set
   forth in TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products
   Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (both
   references incorporated by reference, see § 15.38). If the model fails to
   comply, the manufacturer or importer shall have retested, at a qualified
   test  facility,  a product that complies with Uni-Dir-PICS-I01-030903:
   “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,”
   September 03, 2003 (incorporated by reference, see § 15.38) in accordance
   with Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device Acceptance
   Test Plan,” February 25, 2004, (incorporated by reference, see § 15.38) or an
   equivalent test procedure that produces identical pass/fail test results
   before any product or related model may be labeled or marketed. If the
   manufacturer or importer's first M-UDCP is not a television, then that
   manufacturer or importer's first model of a M-UDCP which is a television
   shall be tested pursuant to this subsection as though it were the first
   M-UDCP.

   (ii) A qualified test facility is a testing laboratory representing cable
   television system operators serving a majority of the cable television
   subscribers in the United States or an appropriately qualified independent
   laboratory with adequate equipment and competent personnel knowledgeable
   with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference,
   see § 15.38); Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device,
   Acceptance Test Plan,” February 25, 2004 (incorporated by reference, see
   § 15.38); M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008
   (incorporated by reference, see § 15.38); and TP-ATP-M-UDCP-I05-20080304,
   “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device
   Acceptance  Test  Plan,” March 4, 2008 (incorporated by reference, see
   § 15.38). For any independent testing laboratory to be qualified hereunder
   such laboratory must ensure that all its decisions are impartial and have a
   documented structure which safeguards impartiality of the operations of the
   testing  laboratory.  In  addition, any independent testing laboratory
   qualified hereunder must not supply or design products of the type it tests,
   nor  provide  any  other  products  or  services that could compromise
   confidentiality, objectivity or impartiality of the testing laboratory's
   testing process and decisions.

   (iii)  Subsequent  to  the successful testing of its initial M-UDCP, a
   manufacturer or importer is not required to have other M-UDCP models tested
   at a qualified test facility for compliance with M-UDCP-PICS-I04-080225,
   “Uni-Directional  Cable  Product Supporting M-Card: Multiple Profiles;
   Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference,
   see § 15.38) unless the first model tested was not a television, in which
   event the first television shall be tested as provided in § 15.123(c)(5)(i).
   The manufacturer or importer shall ensure that all subsequent models of
   M-UDCPs comply with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product
   Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February
   25, 2008 (incorporated by reference, see § 15.38) and all other applicable
   rules and standards. The manufacturer or importer shall maintain records
   indicating such compliance in accordance with the verification procedure
   requirements in part 2, subpart J of this chapter. For each M-UDCP model,
   the manufacturer or importer shall further submit documentation verifying
   compliance with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product
   Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February
   25, 2008 (incorporated by reference, see § 15.38) to the qualified test
   facility.

   (iv)  M-UDCPs  must  be  in  compliance  with  M-UDCP-PICS-I04-080225,
   “Uni-Directional  Cable  Product Supporting M-Card: Multiple Profiles;
   Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference,
   see   § 15.38)   in   accordance  with  the  procedures  set  forth  in
   TP-ATP-M-UDCP-I05-20080304,  “Uni-Directional  Digital  Cable Products
   Supporting  M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008
   (incorporated by reference, see § 15.38) or an equivalent test procedure that
   produces identical pass/fail test results. In the event of any dispute over
   the applicable results under an equivalent test procedure, the results under
   TP-ATP-M-UDCP-I05-20080304,  “Uni-Directional  Digital  Cable Products
   Supporting  M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008
   (incorporated by reference, see § 15.38) shall govern.

   (d) Manufacturers and importers shall provide in appropriate post-sale
   material that describes the features and functionality of the product, such
   as the owner's guide, the following language: “This digital television is
   capable of receiving analog basic, digital basic and digital premium cable
   television programming by direct connection to a cable system providing such
   programming. A security card provided by your cable operator is required to
   view encrypted digital programming. Certain advanced and interactive digital
   cable services such as video-on-demand, a cable operator's enhanced program
   guide and data-enhanced television services may require the use of a set-top
   box. For more information call your local cable operator.”

   [ 68 FR 66733 , Nov. 28, 2003, as amended at  76 FR 40277 , July 8, 2011;  77 FR 4914 , Feb. 1, 2012]

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Subpart C—Intentional Radiators

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