§ 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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