94-11068. Implementation of Section 17 of the Cable Television Consumer Protection and Competition Act of 1992; Compatibility Between Cable Systems and Consumer Electronics Equipment  

  • [Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-11068]
    
    
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    [Federal Register: May 16, 1994]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Parts 15 and 76
    
    [ET Docket No. 93-7; FCC 94-80]
    
     
    
    Implementation of Section 17 of the Cable Television Consumer 
    Protection and Competition Act of 1992; Compatibility Between Cable 
    Systems and Consumer Electronics Equipment
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rules.
    
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    SUMMARY: The Commission has adopted rules for assuring compatibility 
    between consumer electronics equipment and cable systems, as required 
    by the Section 17 of the Cable Television Consumer Protection and 
    Competition Act of 1992. These new rules are intended to ensure 
    compatibility between consumer equipment and cable systems, consistent 
    with the need to prevent theft of cable service, so that cable 
    subscribers will be able to enjoy the full benefits of both the 
    programming available on cable systems and the functions available on 
    their television receivers and video cassette recorders (VCRs).
    
    EFFECTIVE DATE: These regulations are effective June 15, 1994. The 
    incorporation by reference of a publication listed in the regulations 
    is approved by the Director of the Federal Register as of June 15, 
    1994.
    
    FOR FURTHER INFORMATION CONTACT:
    Alan Stillwell (202-632-7060) or Robert Bromery (301-653-7315), Office 
    of Engineering and Technology.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
    Report and Order in ET Docket No. 93-7, FCC 93-495, adopted April 4, 
    1994 and released May 4, 1994. The full text of this decision is 
    available for inspection and copying during normal business hours in 
    the FCC Dockets Branch (Room 230), 1919 M Street NW., Washington, DC. 
    The complete text of this decision also may be purchased from the 
    Commission's duplicating contractor, International Transcriptions 
    Service, 2100 M Street NW., Washington, DC 20036, (202) 857-3800.
    
    Summary of the Notice of Proposed Rule Making
    
        1. Section 17 of the Cable Television Consumer Protection and 
    Competition Act of 1992 (1992 Cable Act) requires that the Commission 
    issue regulations to ensure compatibility between consumer equipment 
    and cable systems. The goal of Section 17 is to ensure that cable 
    subscribers will be able to enjoy the full benefits and functions of 
    their television receivers and VCRs when receiving cable service.
        2. Problems between cable systems and consumer TV equipment 
    generally tend to arise from conflicts between new features in consumer 
    television equipment and the techniques used by cable systems to 
    address security and other technical operating considerations. Examples 
    of TV receiver features affected by cable operating methods and devices 
    include functions that permit the subscriber:
    
    --To watch a program on one channel while simultaneously recording a 
    program on another channel;
    --To record two programs that appear on different channels; or,
    --To use advanced features such as picture in picture.
    
        3. The rules adopted by the Commission are based on the findings 
    and recommendations in its ``Report to Congress on Means for Assuring 
    Compatibility Between Cable Systems and Consumer Electronics 
    Equipment'' and information provided in comments submitted in response 
    to the Notice of Proposed Rule Making (Notice) in this proceeding, 58 
    FR 65153, December 3, 1993. These rules include measures that will 
    assure improved compatibility between existing cable system and 
    consumer TV equipment. They also include provisions for achieving more 
    effective compatibility through new cable and consumer equipment. The 
    specific provisions of these regulations are essentially the same as 
    those proposed in the Notice, with a number of modifications that 
    address issues raised in the record. The new rules for improving 
    compatibility between existing cable system and consumer equipment 
    require that cable operators:
        (1) Refrain from scrambling program signals carried on the basic 
    tier of service;
        (2) Offer subscribers supplemental equipment to enable them to use 
    the special features and functions of their TV equipment with cable 
    service; this includes providing subscribers the option of having 
    simultaneous access to all signals that do not need to be processed by 
    a set-top device;
        (3) Provide a consumer education program to inform subscribers of 
    potential compatibility problems and methods for resolving such 
    problems; this includes notice that remote controls and supplemental 
    equipment compatible with the set-top devices used by the cable system 
    are available from third-party vendors; and
        (4) Allow set-top devices that incorporate remote control 
    capability to be operated with subscriber-owned remote controls or 
    otherwise take no action that would prevent the use of such remote 
    controls, including changing the infrared codes used to operate the 
    remote control capabilities of the set-top devices they employ so as to 
    adversely affect the operation of consumer-purchased remote controls.
        The compatibility rules for new equipment provide technical 
    standards for ``cable ready'' consumer TV equipment and require that 
    both ``cable ready'' consumer TV equipment and cable systems use a 
    standard cable channel plan.
        4. The Commission also concluded that more effective compatibility 
    between consumer TV equipment and cable systems that use scrambling can 
    be achieved through use of a standard interface connector, or ``Decoder 
    Interface,'' in ``cable ready'' consumer TV equipment and associated 
    component descrambler/decoder devices to be provided by cable systems. 
    Used together, the Decoder Interface and component descrambler/decoder 
    devices can eliminate the need for use of a set-top cable box. However, 
    based on indications that the cable and consumer electronics industries 
    are close to agreement on a new Decoder Interface standard that will 
    serve both existing analog cable operations and also incorporate 
    flexibility to support new technologies and services, including digital 
    cable service, the Commission found that it would be appropriate to 
    allow an additional period of time for the industries to complete their 
    work on the new standard. The Commission therefore did not act on the 
    Decoder Interface standard and related issues now, but rather will 
    allow industry parties an additional 90 days to complete the new 
    standard.\1\ The Commission stated that would develop rules 
    establishing a standard for a Decoder Interface connector and 
    requirements for its use after that period.
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        \1\If the industry parties do not complete their work in the 90-
    day period, we will establish a standard using our own resources.
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        5. As a policy matter, the Commission also found that standards for 
    cable digital transmissions are desirable. These standards will be 
    needed to ensure that compatibility is maintained as new digital cable 
    technologies and services are introduced. The Commission stated that it 
    was not, however, adopting technical standards or other rules in this 
    area at this time, as developmental work on cable digital technologies 
    and services has not reached a stage where it would be reasonable to 
    attempt to specify such regulations. It stated that it will continue to 
    monitor progress by the industries in this area and will initiate a 
    separate action on these issues as is necessary to assure continuing 
    compatibility in the future.
        6. The Commission indicated that the actions in this First Report 
    and Order will allow consumers to utilize equipment offered by a 
    variety of suppliers, including the cable system operator, in a 
    competitive market. Thus, a number of manufacturers and retailers will 
    be able to increase their participation in markets to which they 
    previously had limited access. Opening these markets to competitive 
    equipment providers will give product developers and manufacturers, as 
    well as cable system operators, the ability and incentives to introduce 
    new products and to respond to consumer demand. In return, consumers 
    will have greater access to technology with new features and functions. 
    Most importantly, consumers will be assured that the equipment they buy 
    will work with their cable system.
        7. The Commission further indicated that open entry for equipment 
    provision ensures that the equipment market remains competitive. In 
    addition to open markets and incentives for innovation, another key 
    component of competition is information. The new regulations ensure not 
    only that the marketplace will be open and equipment options available 
    to consumers, but that consumers will be informed about their choices. 
    Competition could be stifled unless consumers are informed about their 
    equipment options. By structuring the regulations to promote innovation 
    and competition, the Commission expects increased investment in new 
    technology development and increased economic activity as consumers 
    purchase the new, competitively priced equipment.
        8. Accordingly, it is ordered that parts 15 and 76 of the 
    Commission's rules are amended as set forth below, effective 30 days 
    after the publication of this final rule in the Federal Register. This 
    action is taken pursuant to authority provided in sections 4(i), 7(a), 
    302, 303(c), 303(f), 303(g), 303(r) and 324A of the Communications Act 
    of 1934, as amended 47 U.S.C. 154(i), 157(a), 302, 303(c), 303(f), 
    303(g), 303(r) and 324A.
    
    List of Subjects
    
    47 CFR Part 15
    
        Communications equipment, Incorporation by reference, Television 
    receivers, TV interface devices.
    
    47 CFR Part 76
    
        Cable television, Incorporation by reference.
    
    Amendments to the Rules
    
        Parts 15 and 76 of chapter I of title 47 of the Code of Federal 
    Regulations are amended as follows:
    
    PART 15--RADIO FREQUENCY DEVICES
    
        1. The authority citation for part 15 is revised to read as 
    follows:
    
        Authority: Secs. 4, 302, 303, 304, 307 and 624A of the 
    Communications Act of 1934, as amended, 47 U.S.C. 154, 302, 303, 
    304, 307 and 544A.
    
        2. Section 15.3 is amended by adding a new paragraph (aa) to read 
    as follows:
    
    
    Sec. 15.3  Definitions.
    
    * * * * *
        (aa) Cable ready consumer electronics equipment. Consumer 
    electronics TV receiving devices, including TV receivers, videocassette 
    recorders and similar devices, that incorporate a tuner capable of 
    receiving television signals and an input terminal intended for 
    receiving cable television service, and are marketed as ``cable ready'' 
    or ``cable compatible.'' Such equipment shall comply with the technical 
    standards specified in Sec. 15.118.
        3. Section 15.19 is amended by adding a new paragraph (d) to read 
    as follows:
    
    
    Sec. 15.19  Labeling requirements.
    
    * * * * *
        (d) Consumer electronics TV receiving devices, including TV 
    receivers, videocassette recorders and similar devices, that 
    incorporate features intended to be used with cable television service, 
    but do not fully comply with the technical standards for cable ready 
    equipment set forth in Sec. 15.118 are subject to the following 
    labeling requirements:
        (1) Such equipment shall be labeled with an advisory indicating 
    that the device does not fully comply with the Federal Communications 
    Commissions standards for cable ready consumer electronics equipment. 
    The advisory must appear on the device and on its packaging. This 
    requirement applies to consumer TV receivers, videocassette recorders 
    and similar devices manufactured or imported for sale in this country 
    on or after June 30, 1997.
        (2) Such equipment shall not be marketed with terminology that 
    describes the device as ``cable ready'' or ``cable compatible,'' or 
    that otherwise conveys the impression that the device is fully 
    compatible with cable service. This requirement applies to consumer TV 
    receivers, videocassette recorders and similar devices manufactured or 
    imported for sale in this country on or after October 31, 1994.
        4. Section 15.115 is amended by revising paragraph (c)(1)(i) and 
    adding new paragraphs (h) and (i) to read as follows:
    
    
    Sec. 15.115  TV interface devices, including cable system terminal 
    devices.
    
    * * * * *
        (c) * * *
        (1) * * *
        (i) For a cable system terminal device or a TV interface device 
    equipped for use with a cable system or a master antenna, as defined in 
    paragraph (b)(3) of this section, the isolation between the antenna and 
    cable input terminals shall be at least 80 dB from 54 MHz to 216 MHz, 
    at least 60 dB from 216 MHz to 550 MHz and at least 55 dB from 550 MHz 
    to 806 MHz. The 80 dB standard applies at 216 MHz and the 60 dB 
    standard applies at 550 MHz. In the case of a transfer switch requiring 
    a power source, the required isolation shall be maintained in the event 
    the device is not connected to a power source or power is interrupted. 
    The provisions of this paragraph regarding frequencies in the range 550 
    MHz to 806 MHz are applicable as of June 30, 1997.
    * * * * *
        (h) Stand-alone switches used to alternate between cable service 
    and an antenna shall provide isolation between the antenna and cable 
    input terminals that is at least 80 dB from 54 MHz to 216 MHz, at least 
    60 dB from 216 MHz to 550 MHz and at least 55 dB from 550 MHz to 806 
    MHz.The 80 dB standard applies at 216 MHz and the 60 dB standard 
    applies at 550 MHz. In the case of stand-alone switches requiring a 
    power source, the required isolation shall be maintained in the event 
    the device is not connected to a power source or power is interrupted. 
    The provisions of this paragraph are applicable as of June 30, 1997.
        (i) Switches and other devices intended to be used to by-pass the 
    processing circuitry of a cable system terminal device, whether 
    internal to such a terminal device or a stand-alone unit, shall not 
    attenuate the input signal more than 6 dB from 54 MHz to 550 MHz, or 
    more than 8 dB from 550 MHz to 806 MHz. The provisions of this 
    paragraph are applicable as of June 30, 1997.
        5. Section 15.117 is amended by revising paragraph (h) to read as 
    follows:
    
    
    Sec. 15.117  TV broadcast receivers.
    
    * * * * *
        (h) For a TV broadcast receiver equipped with a cable input 
    selector switch, the selector switch shall provide, in any of its set 
    positions, isolation between the antenna and cable input terminals of 
    at least 80 dB from 54 MHz to 216 MHz, at least 60 dB from 216 MHz to 
    550 MHz and at least 55 dB from 550 MHz to 806 MHz. The 80 dB standard 
    applies at 216 MHz and the 60 dB standard applies at 550 MHz. In the 
    case of a selector switch requiring a power source, the required 
    isolation shall be maintained in the event the device is not connected 
    to a power source or power is interrupted. An actual switch that can 
    alternate between reception of cable television service and an antenna 
    is not required for a TV broadcast receiver, provided compliance with 
    the isolation requirement specified in this paragraph can be 
    demonstrated and the circuitry following the antenna input terminal(s) 
    has sufficient band-width to allow the reception of all TV broadcast 
    channels authorized under this chapter. The provisions of this 
    paragraph regarding frequencies in the range 550 MHz to 806 MHz are 
    applicable as of June 30, 1997.
        6. New Sec. 15.118 is added to read as follows:
    
    
    Sec. 15.118  Cable ready consumer electronics equipment.
    
        (a) All consumer electronics TV receiving equipment marketed in the 
    United States as cable ready or cable compatible shall comply with the 
    provisions of this section. Consumer electronics TV receiving equipment 
    that includes features intended for use with cable service but does not 
    fully comply with the provisions of this section are subject to the 
    labelling requirements of Sec. 15.19(d).
        (b) Cable ready consumer electronics equipment shall be capable of 
    receiving all NTSC or similar video channels in the frequency range 54 
    MHz to 804 MHz in accordance with the channel allocation plan set forth 
    in the Electronic Industries Association's ``Cable Television Channel 
    Identification Plan, EIA IS-132, May 1994'' (EIA IS-132). This 
    incorporation by reference was approved by the Director of the Federal 
    Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
    of EIA IS-132 may be obtained from: Global Engineering Documents, 2805 
    McGraw Ave., Irvine CA 92714. copies of EIA IS-132 may be inspected 
    during normal business hours at the following locations: Federal 
    Communications Commission, 1919 M Street, NW., Dockets Branch (Room 
    239), Washington, DC, or the Office of the Federal Register, 800 North 
    Capitol Street, NW., suite 700, Washington, DC.
        (c) Cable ready consumer electronics equipment must meet the 
    following technical performance requirements. Compliance with these 
    requirements shall be determined by performing measurements at the 
    unfiltered IF output port. Where appropriate, the Commission will 
    consider allowing alternative measurement methods.
        (1) Adjacent channel interference. In the presence of a lower 
    adjacent channel CW signal that is 1.5 MHz below the desired visual 
    carrier in frequency and 10 dB below the desired visual carrier in 
    amplitude, spurious signals within the IF passband shall be attenuated 
    at least 55 dB below the visual carrier of the desired signal. The 
    desired input signal shall be an NTSC visual carrier modulated with a 
    10 IRE flat field and the aural carrier should be unmodulated. 
    Measurements are to be performed for input signal levels of 0 dBmV and 
    +15 dBmV, with the receiver tuned to ten evenly spaced channels 
    specified in the EIA IS-132 channel plan.
        (2) Image channel interference. Image channel interference within 
    the IF passband shall be attenuated below the visual carrier of the 
    desired channel by at least 60 dB from 54 MHz to 806 MHz. In testing 
    for compliance with this standard, the desired input signal is to be an 
    NTSC visual carrier modulated with a 10 IRE flat field and the aural 
    carrier should be unmodulated. The undesired test signal shall be a CW 
    signal equal in amplitude to the desired visual carrier and located 90 
    MHz above the visual carrier frequency of the desired channel. 
    Measurements shall be performed for input signals of 0 dBmV and +15 
    dBmV, with the receiver tuned to ten evenly spaced channels specified 
    in the EIA IS-132 channel plan.
        (3) Direct pickup interference. The direct pickup (DPU) of a co-
    channel interfering ambient field by a cable ready device shall not 
    exceed the following criteria. The ratio of the desired to undesired 
    signal levels at the IF passband on each channel shall be at least 45 
    dB. The average ratio over the six channels shall be at least 50 dB. 
    The desired input signal shall be an NTSC signal having a visual 
    carrier level of 0 dBmV. The equipment under test (EUT) shall be placed 
    on a rotatable table that is one meter in height. Any excess length of 
    the power cord and other connecting leads shall be coiled on the floor 
    under the table. The EUT shall be immersed in a horizontally polarized 
    uniform CW field of 100 mV/m at a frequency 2.55 MHz above the visual 
    carrier of the EUT tuned channel. Measurements shall be made with the 
    EUT tuned to six EIA IS-132 channels, two each in the low VHF, high VHF 
    and UHF broadcast bands. On each channel, the levels at the IF passband 
    due to the desired and interfering signals are to be measured.
        (4) Tuner overload. Spurious signals within the IF passband shall 
    be attenuated at least 55 dB from 54 to 806 MHz below the visual 
    carrier of the desired channel using a comb spectrum input with each 
    signal individually set at +15 dBmV. Measurements shall be made with 
    the receiver tuned to ten evenly spaced EIA IS-132 channels.
        (5) Cable input conducted emissions. Conducted spurious emissions 
    that appear at the cable input to the device must meet the following 
    criteria. The input shall be an NTSC video carrier modulated with a 10 
    IRE flat field at a level of 0 dBmV and with a visual to aural ratio of 
    10 dB. The aural carrier shall be unmodulated. The peak level of the 
    spurious signals will be measured using a spectrum analyzer connected 
    by a directional coupler to the cable input of the equipment under 
    test. Spurious signal levels must not exceed the limits in the 
    following table:
    
    From 54 MHz up to and including 300 MHz-26 dBmV
    From 300 MHz up to and including 450 MHz-20 dBmV
    From 450 MHz up to and including 806 MHz-15 dBmV
    
        The average of the measurements on multiple channels from 450 MHz 
    up to and including 806 MHz shall be no greater than -20 dBmV. 
    Measurements shall be made with the receiver tuned to at least four EIA 
    IS-132 channels in each of the above bands. The test channels are to be 
    evenly distributed across each of the bands. Measurements for conducted 
    emissions caused by sources internal to the device are to be made in a 
    shielded room. Measurements for conducted emissions caused by external 
    signal sources shall be made in an ambient RF field whose field 
    strength is 100 mV/m, following the same test conditions as described 
    in paragraph (c)(3) of this section.
        (d) The field strength of radiated emissions from cable ready 
    consumer electronics equipment shall not exceed the limits in 
    Sec. 15.109(a) when measured in accordance with the applicable 
    procedures specified in Sec. 15.31 and Sec. 15.35 for unintentional 
    radiators, with the following modifications. During testing the NTSC 
    input signal level is to be +15 dBmV, with a visual to aural ratio of 
    10 dB. The visual carrier is to be modulated by a 10 IRE flat field; 
    the aural carrier is to be unmodulated. Measurements are to be taken on 
    six EIA IS-132 channels evenly spaced across the required RF input 
    range of the equipment under test.
    
        Note: The provisions of paragraphs (a) through (d) of this 
    section are applicable as of June 30, 1997.
    
    PART 76--CABLE TELEVISION SERVICE
    
        7. The authority citation for part 76 is revised to read as 
    follows:
    
        Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 324A 48 
    Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085, 
    1101; 47 U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308, 309, 532, 
    533, 535, 542, 543, 544A, 552 as amended, 106 Stat. 1460.
    
        8. Section 76.605 is amended by redesignating paragraphs (a)(2) 
    through (a)(12) as paragraphs (a)(2) through (a)(12) as paragraphs 
    (a)(3) through (a)(13), and adding a new paragraph (a)(2) to read as 
    follows:
    
    
    Sec. 76.605  Technical standards.
    
        (a) * * *
        (2) Cable systems shall transmit channels to subscriber premises 
    equipment on frequencies in accordance with the channel allocation plan 
    set forth in the Electronic Industries Association's Cable Television 
    Channel Identification Plan, EIA IS-132, May 1994'' (EIA IS-132). This 
    incorporation by reference was approved by the Director of the Federal 
    Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Cable 
    systems are required to sue this channel allocation plan for signals 
    transmitted in the frequency range 54 MHz to 1002 MHz. Copies of EIA 
    IS-132 may be obtained from: Global Engineering Documents, 2805 McGraw 
    Ave., Irvine CA 92714. Copies of EIA IS-132 may be inspected during 
    normal business hours at the following locations: Federal 
    Communications Commission, 1919 M Street NW., Dockets Branch (Room 
    239), Washington, DC, or the Office of the Federal Register, 800 North 
    Capitol Street NW., Suite 700, Washington, DC. This requirement is 
    applicable as of June 30, 1995, for new and re-built cable systems, and 
    on June 30, 1997, for all cable systems.
    * * * * *
        9. New Sec. 76.630 is added to read as follows:
    
    
    Sec. 76.630  Compatibility with consumer electronics equipment.
    
        (a) Cable system operators shall not scramble or otherwise encrypt 
    signals carried on the basic service tier. 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 thirty calendar days from the 
    date the request 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 Sec. 76.630(a). The 
    request for waiver states (a brief summary of the waiver request). A 
    copy of the request for waiver is on file 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, Cable Services 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.
        (c) Cable operators may not alter the infrared codes used to 
    operate the remote control capabilities of the customer premises 
    equipment they employ in providing service to subscribers. Cable 
    operators may, however, use new equipment that includes additional 
    infrared codes for new remote control functions that were not included 
    in existing models of customer premises equipment.
        (d) Cable system operators that use scrambling, encryption or 
    similar technologies in conjunction with cable system terminal devices, 
    as defined in Sec. 15.1(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. This equipment could include, for example, set-top 
    cable system terminal devices with multiple descramblers/decoders and/
    or timers, and signal bypass switches.
        (1) 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.
        (2) Such special equipment shall, at a minimum, have the 
    capability:
        (i) To allow simultaneous reception of any two or more scrambled or 
    encrypted signals and to provide for tuning to alternative channels on 
    a pre-programmed schedule; and,
        (ii) 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).
        (3) 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.
        (4) 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 Sec. 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.
        (e) Cable system operators shall provide a consumer education 
    program on compatibility matters to their subscribers in writing, as 
    follows:
        (1) The consumer information program shall be provided to 
    subscribers at the time they first subscribe and at least once a year 
    thereafter. Cable operators may choose the time and means by which they 
    comply with the annual consumer information requirement. This 
    requirement may be satisfied by a once-a-year mailing to all 
    subscribers. The information may be included in one of the cable 
    system's regular subscriber billings.
        (2) The consumer information program shall include the following 
    information:
        (i) Cable system operators shall inform their subscribers that some 
    models of TV receivers and videocassette recorders may not be able to 
    receive all of the channels offered by the cable system when connected 
    directly to the cable system. In conjunction with this information, 
    cable system operators shall briefly explain, the types of channel 
    compatibility problems that could occur if subscribers connected their 
    equipment directly to the cable system and offer suggestions for 
    resolving those problems. Such suggestions could include, for example, 
    the use of a cable system terminal device such as a set-top channel 
    converter. Cable system operators shall also indicate that channel 
    compatibility problems associated with reception of programming that is 
    not scrambled or encrypted programming could be resolved through use of 
    simple converter devices without descrambling or decryption 
    capabilities that can be obtained from either the cable system or a 
    third party retail vendor.
        (ii) In cases where service is received through a cable system 
    terminal device, cable system operators shall indicate that subscribers 
    may not be able to use special features and functions of their TV 
    receivers and videocassette recorders, including features that allow 
    the subscriber to: view a program on one channel while simultaneously 
    recording a program on another channel; record two or more consecutive 
    programs that appear on different channels; and, use advanced picture 
    generation and display features such as ``Picture-in-Picture,'' channel 
    review and other functions that necessitate channel selection by the 
    consumer device.
        (iii) In cases where cable system operators offer remote control 
    capability with cable system terminal devices and other customer 
    premises equipment that is provided to subscribers, they shall advise 
    their subscribers that remote control units that are compatible with 
    that equipment may be obtained from other sources, such as retail 
    outlets. Cable system operators shall also provide a representative 
    list of the models of remote control units currently available from 
    retailers that are compatible with the customer premises equipment they 
    employ. Cable system operators are required to make a good faith effort 
    in compiling this list and will not be liable for inadvertent 
    omissions. This list shall be current as of no more than six months 
    before the date the consumer education program is distributed to 
    subscribers. Cable operators are also required to encourage subscribers 
    to contact the cable operator to inquire about whether a particular 
    remote control unit the subscriber might be considering for purchase 
    would be compatible with the subscriber's customer premises equipment.
    
        Note: The provisions of paragraphs (a) and (b) of this section 
    are applicable as of July 31, 1994, and June 30, 1994, respectively. 
    The provisions of paragraphs (c) through (e) of this section are 
    applicable as of October 31, 1994, except for the requirement under 
    section (d)(1)(i) of this section for cable system operators to 
    supply cable system terminal devices with multiple tuners, which is 
    applicable as of October 31, 1995. The initial offer of special 
    equipment to all subscribers, as required under paragraph (d) of 
    this section shall be made by October 31, 1994.
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    [FR Doc. 94-11068 Filed 5-13-94; 8:45 am]
    BILLING CODE 6712-01-M
    
    
    

Document Information

Effective Date:
6/15/1994
Published:
05/16/1994
Department:
Federal Communications Commission
Entry Type:
Uncategorized Document
Action:
Final rules.
Document Number:
94-11068
Dates:
These regulations are effective June 15, 1994. The incorporation by reference of a publication listed in the regulations is approved by the Director of the Federal Register as of June 15, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 16, 1994, ET Docket No. 93-7, FCC 94-80
CFR: (8)
47 CFR 15.109(a)
47 CFR 15.3
47 CFR 15.19
47 CFR 15.115
47 CFR 15.117
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