§  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.