§ 76.1205   CableCARD support.

   (a) Technical information concerning interface parameters that are needed to
   permit navigation devices to operate with multichannel video programming
   systems shall be provided by the system operator upon request in a timely
   manner.

   (b)  A  multichannel video programming provider that is subject to the
   requirements of § 76.1204(a)(1) must:

   (1) Provide the means to allow subscribers to self-install the CableCARD in
   a CableCARD-reliant device purchased at retail and inform a subscriber of
   this option when the subscriber requests a CableCARD. This requirement shall
   be  effective  August  1,  2011, if the MVPD allows its subscribers to
   self-install any cable modems or operator-leased set-top boxes and November
   1, 2011 if the MVPD does not allow its subscribers to self-install any cable
   modems or operator-leased set-top boxes;

   (i)  This  requirement  shall  not apply to cases in which neither the
   manufacturer nor the vendor of the CableCARD-reliant device furnishes to
   purchasers appropriate instructions for self-installation of a CableCARD,
   and  a  manned toll-free telephone number to answer consumer questions
   regarding CableCARD installation but only for so long as such instructions
   are not furnished and the call center is not offered;

   (ii) [Reserved]

   (2)  Effective  August  1,  2011,  provide  multi-stream CableCARDs to
   subscribers, unless the subscriber requests a single-stream CableCARD;

   (3) With respect to professional installations, ensure that the technician
   arrives  with  no fewer than the number of CableCARDS requested by the
   customer and ensure that all CableCARDs delivered to customers are in good
   working condition and compatible with the customer's device;

   (4) Effective August 1, 2011, provide, through the use of a commonly used
   interface and published specifications for communication, CableCARD-reliant,
   firmware-upgradable navigation devices the ability to tune simultaneously as
   many switched-digital channels as the greatest number of streams supported
   by any set-top box provided by the cable operator, or four simultaneous
   channels, whichever is greater;

   (5) Separately disclose to consumers in a conspicuous manner with written
   information provided to customers in accordance with § 76.1602, with written
   or  oral  information at consumer request, and on Web sites or billing
   inserts;

   (i) Any assessed fees for the rental of single and additional CableCARDs and
   the rental of operator-supplied navigation devices; and,

   (ii) If such provider includes equipment in the price of a bundled offer of
   one or more services, the fees reasonably allocable to:

   (A) The rental of single and additional CableCARDs; and

   (B) The rental of operator-supplied navigation devices.

   (1) CableCARD rental fees shall be priced uniformly throughout a cable
   system  by  such  provider  without  regard  to  the  intended  use in
   operator-supplied or consumer-owned equipment. No service fee shall be
   imposed on a subscriber for support of a subscriber-provided device that is
   not assessed on subscriber use of an operator-provided device.

   (2)  For  any bundled offer combining service and an operator-supplied
   navigation device into a single fee, including any bundled offer providing a
   discount for the purchase of multiple services, such provider shall make
   such offer available without discrimination to any customer that owns a
   navigation device, and, to the extent the customer uses such navigation
   device in lieu of the operator-supplied equipment included in that bundled
   offer, shall further offer such customer a discount from such offer equal to
   an amount not less than the monthly rental fee reasonably allocable to the
   lease of the operator-supplied navigation device included with that offer.
   For  purposes  of  this  section,  in  determining what is “reasonably
   allocable,” the Commission will consider in its evaluation whether the
   allocation is consistent with one or more of the following factors:

   (i) An allocation determination approved by a local, state, or Federal
   government entity;

   (ii) The monthly lease fee as stated on the cable system rate card for the
   navigation device when offered by the cable operator separately from a
   bundled offer; and

   (iii) The actual cost of the navigation device amortized over a period of no
   more than 60 months.

   (c) A cable operator shall not provide misleading information regarding the
   ability of navigation devices to access switched digital channels.

   [ 76 FR 40279 , July 8, 2011]

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