§ 76.1621   Equipment compatibility offer.

   Cable  system  operators  that  use  scrambling, encryption or similar
   technologies in conjunction with cable system terminal devices, as defined
   in § 15.3(e) of this chapter, that may affect subscribers' reception of
   signals shall offer to supply each subscriber with special equipment that
   will enable the simultaneous reception of multiple signals. The equipment
   offered   shall   include   a   single   terminal   device  with  dual
   descramblers/decoders and/or timers and bypass switches. Other equipment,
   such as two independent set-top terminal devices may be offered at the same
   time  that the single terminal device with dual tuners/descramblers is
   offered. For purposes of this rule, two set-top devices linked by a control
   system that provides functionality equivalent to that of a single device
   with dual descramblers is considered to be the same as a terminal device
   with dual descramblers/decoders.

   (a) The offer of special equipment shall be made to new subscribers at the
   time they subscribe and to all subscribers at least once each year.

   (b) Such special equipment shall, at a minimum, have the capability:

   (1)  To allow simultaneous reception of any two scrambled or encrypted
   signals  and  to  provide  for  tuning  to  alternative  channels on a
   pre-programmed schedule; and

   (2) To allow direct reception of all other signals that do not need to be
   processed through descrambling or decryption circuitry (this capability can
   generally be provided through a separate by-pass switch or through internal
   by-pass circuitry in a cable system terminal device).

   (c) Cable system operators shall determine the specific equipment needed by
   individual subscribers on a case-by-case basis, in consultation with the
   subscriber. Cable system operators are required to make a good faith effort
   to provide subscribers with the amount and types of special equipment needed
   to resolve their individual compatibility problems.

   (d)  Cable  operators  shall  provide such equipment at the request of
   individual subscribers and may charge for purchase or lease of the equipment
   and  its  installation  in  accordance with the provisions of the rate
   regulation rules for customer premises equipment used to receive the basic
   service tier, as set forth in § 76.923. Notwithstanding the required annual
   offering, cable operators shall respond to subscriber requests for special
   equipment for reception of multiple signals that are made at any time.

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