§ 76.630   Compatibility with consumer electronics equipment.

   (a) Cable system operators shall not scramble or otherwise encrypt signals
   delivered to a subscriber on the basic service tier.

   (1) This prohibition shall not apply in systems in which:

   (i) No encrypted signals are carried using the NTSC system; and

   (ii)  The cable system operator offers to its existing subscribers who
   subscribe only to the basic service tier without use of a set-top box or
   CableCARD at the time of encryption the equipment necessary to descramble or
   decrypt the basic service tier signals (the subscriber's choice of a set-top
   box or CableCARD) on up to two television sets without charge or service fee
   for two years from the date encryption of the basic service tier commences;
   and

   (iii) The cable system operator offers to its existing subscribers who
   subscribe  to  a level of service above “basic only” but use a digital
   television or other device with a clear-QAM tuner to receive only the basic
   service  tier without use of a set-top box or CableCARD at the time of
   encryption, the equipment necessary to descramble or decrypt the basic
   service tier signals (the subscriber's choice of a set-top box or CableCARD)
   on one television set without charge or service fee for one year from the
   date encryption of the basic service tier commences; and

   (iv)  The cable system operator offers to its existing subscribers who
   receive Medicaid and also subscribe only to the basic service tier without
   use of a set-top box or CableCARD at the time of encryption the equipment
   necessary to descramble or decrypt the basic service tier signals (the
   subscriber's choice of a set-top box or CableCARD) on up to two television
   sets without charge or service fee for five years from the date encryption
   of the basic service tier commences;

   (v) The cable system operator notifies its existing subscribers of the
   availability of the offers described in paragraphs (ii) through (iv) of this
   section at least 30 days prior to the date encryption of the basic service
   tier commences and makes the offers available for at least 30 days prior to
   and 120 days after the date encryption of the basic service tier commences.
   The notification to subscribers must state:

   On (DATE), (NAME OF CABLE OPERATOR) will start encrypting (INSERT NAME OF
   CABLE BASIC SERVICE TIER OFFERING) on your cable system. If you have a
   set-top box, digital transport adapter (DTA), or a retail CableCARD device
   connected  to each of your TVs, you will be unaffected by this change.
   However, if you are currently receiving (INSERT NAME OF CABLE BASIC SERVICE
   TIER  OFFERING) on any TV without equipment supplied by (NAME OF CABLE
   OPERATOR), you will lose the ability to view any channels on that TV.

   If you are affected, you should contact (NAME OF CABLE OPERATOR) to arrange
   for the equipment you need to continue receiving your services. In such
   case, you are entitled to receive equipment at no additional charge or
   service fee for a limited period of time. The number and type of devices you
   are  entitled  to receive and for how long will vary depending on your
   situation. If you are a (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING)
   customer  and  receive  the  service on your TV without (NAME OF CABLE
   OPERATOR)-supplied equipment, you are entitled to up to two devices for two
   years (five years if you also receive Medicaid). If you subscribe to a
   higher level of service and receive (INSERT NAME OF CABLE BASIC SERVICE TIER
   OFFERING)  on a secondary TV without (NAME OF CABLE OPERATOR)-supplied
   equipment, you are entitled to one device for one year.

   You can learn more about this equipment offer and eligibility at (WEBPAGE
   ADDRESS) or by calling (PHONE NUMBER). To qualify for any equipment at no
   additional charge or service fee, you must request the equipment between
   (DATE THAT IS 30 DAYS BEFORE ENCRYPTION) and (DATE THAT IS 120 DAYS AFTER
   ENCRYPTION) and satisfy all other eligibility requirements.

   (vi) The cable system operator notifies its subscribers who have received
   equipment described in paragraphs (a)(1)(ii) through (iv) of this section at
   least 30 days, but no more than 60 days, before the end of the free device
   transitional period that the transitional period will end. This notification
   must state:

   You currently receive equipment necessary to descramble or decrypt the basic
   service tier signals (either a set-top box or CableCARD) free of charge.
   Effective with the (MONTH/YEAR) billing cycle, (NAME OF CABLE OPERATOR) will
   begin charging you for the equipment you received to access (INSERT NAME OF
   CABLE BASIC SERVICE TIER OFFERING) when (NAME OF CABLE OPERATOR) started
   encrypting those channels on your cable system. The monthly charge for the
   (TYPE OF DEVICE) will be (AMOUNT OF CHARGE).

   (2) Requests for waivers of this prohibition must demonstrate either a
   substantial problem with theft of basic tier service or a strong need to
   scramble basic signals for other reasons. As part of this showing, cable
   operators are required to notify subscribers by mail of waiver requests. The
   notice to subscribers must be mailed no later than 30 calendar days from the
   date  the  request for waiver was filed with the Commission, and cable
   operators must inform the Commission in writing, as soon as possible, of
   that notification date. The notification to subscribers must state:

   On (date of waiver request was filed with the Commission), (cable operator's
   name) filed with the Federal Communications Commission a request for waiver
   of the rule prohibiting scrambling of channels on the basic tier of service.
   47 CFR 76.630(a). The request for waiver states (a brief summary of the
   waiver request). A copy of the request for waiver shall be available for
   public inspection at (the address of the cable operator's local place of
   business).

   Individuals who wish to comment on this request for waiver should mail
   comments to the Federal Communications Commission by no later than 30 days
   from (the date the notification was mailed to subscribers). Those comments
   should be addressed to the: Federal Communications Commission, Media Bureau,
   Washington, DC 20554, and should include the name of the cable operator to
   whom the comments are applicable. Individuals should also send a copy of
   their comments to (the cable operator at its local place of business).

   Cable operators may file comments in reply no later than 7 days from the
   date subscriber comments must be filed.

   (b) Cable system operators that provide their subscribers with cable system
   terminal devices and other customer premises equipment that incorporates
   remote control capability shall permit the remote operation of such devices
   with commercially available remote control units or otherwise take no action
   that  would  prevent the devices from being operated by a commercially
   available remote control unit. Cable system operators are advised that this
   requirement obliges them to actively enable the remote control functions of
   customer premises equipment where those functions do not operate without a
   special activation procedure. Cable system operators may, however, disable
   the remote control functions of a subscriber's customer premises equipment
   where requested by the subscriber.

   Note 1 to § 76.630: 47 CFR 76.1621 contains certain requirements pertaining
   to a cable operator's offer to supply subscribers with special equipment
   that will enable the simultaneous reception of multiple signals.

   Note 2 to § 76.630: 47 CFR 76.1622 contains certain requirements pertaining
   to the provision of a consumer education program on compatibility matters to
   subscribers.

   [ 59 FR 25342 , May 16, 1994, as amended at  61 FR 18510 , Apr. 26, 1996;  65 FR 53616 , Sept. 5, 2000;  67 FR 1650 , Jan. 14, 2002;  67 FR 13235 , Mar. 21, 2002;
    77 FR 67301 , Dec. 10, 2012]

   return arrow Back to Top