FCC Web Documents citing 76.1201
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1960A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1960A1.pdf
- of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, Report and Order, 13 FCC Rcd 14775, 14786-7, 28-32 (1998) (``Manufacturers will have substantial incentive to develop and distribute new products in response to consumer demands for equipment and features, provided that the MVPD system for which the equipment is designed is accessible.''). See also 47 C.F.R. 76.1201, 1202, 1204(c). We will consider those concerns and complaints separately. See e.g., Flatt Complaint at 1-2; Brooks Complaint at 2-3. 47 U.S.C. 503(b)(1)(B); 47 C.F.R. 1.80(a)(1). 47 U.S.C. 503(b); 47 C.F.R. 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002). 47 U.S.C. 503(b)(2)(A), 47 C.F.R. 1.80(b)(1). The Commission has
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2299A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2299A1.pdf
- ) ) ) ) ) File Number EB-07-SE-351 NAL/Acct. No. 200932100001 FRN 0016034050 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Cox Communications, Inc. (``Cox'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules''). Specifically, Cox apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2300A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2300A1.pdf
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Oceanic Time Warner Cable (``Oceanic Kauai''), a division of Time Warner Cable, Inc. (together with Oceanic Kauai, ``TWC'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules'') in its Oceanic Kauai cable system. Specifically, Oceanic Kauai apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2301A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2301A1.pdf
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Oceanic Time Warner Cable (``Oceanic Oahu''), a division of Time Warner Cable, Inc. (together with Oceanic Oahu, ``TWC'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules'') in its Oceanic Oahu Central cable system. Specifically, Oceanic Oahu apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-120A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-120A1.pdf
- System ) ) ) ) ) File Number EB-07-SE-352 NAL/Acct. No. 200932100003 FRN 0018049841 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oaha Central Cable System (collectively, ``TWC''), willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules'') in its Oceanic Oahu Central Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-122A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-122A1.pdf
- Washington, D.C. 20554 In the Matter of Cox Communications, Inc. Fairfax County, Virginia Cable System ) ) ) ) ) File Number EB-07-SE-351 NAL/Acct. No. 20093210001 FRN 0016034050 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Cox Communications, Inc. (``Cox'') willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules''). Specifically, Cox violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on October 16,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-123A1.pdf
- Cable System ) ) ) ) ) File Number EB-07-SE-352 NAL/Acct. No. 200932100002 FRN 0018049841 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System (collectively, ``TWC''), willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules'') in its Oceanic Kauai Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6, 2007,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1373A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1373A1.pdf
- its TTY line at 202-418-1148 for further information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-Tell-FCC (1-888-835-5322). Issued by: Chief, Enforcement Bureau -FCC- CableCARDs are referred to in the Federal Communications Commission's rules as point-of-deployment modules (``PODs''). See, e.g., 47 C.F.R. 76.640(b). The rule sections affected by the amendments include 47 C.F.R. 76.640, 76.1201-05, and 76.1602. As described below, the requirement to permit self-installation takes effect for some cable operators on November 1, 2011. See Implementation of Section 304 of the Telecommunications Act of 1996, Third Report and Order and Order on Reconsideration, 25 FCC Rcd 14657, 14672 28 (2010) (Commercial Availability of Navigation Devices Third Report and Order), Order on Reconsideration, 26
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A1.pdf
- 30 days advanced written notice before implementing a service change consisting of the migration of certain channels to an SDV platform on September 24, 2007. On October 15, 2008, the Bureau issued additional Notices of Apparent Liability for Forfeiture against TWC and Cox finding that their migration of programming to an SDV platform in certain cable systems apparently violated Sections 76.1201 and 76.640(b) of the Commission's rules. Section 76.1201 prohibits a Multichannel Video Programming Distributor (``MVPD'') from preventing ``the connection or use of navigation devices to or with its ... system, except in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A2.pdf
- a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System; Cox Communications, Inc., Fairfax County, Virginia Cable System; File Nos. EB-07-SE-351, EB-07-SE-352; NAL/Acct. Nos. 200832100074, 200932100001, 200932100002, 200932100003, 200932100008, 200932100022, and 200932100023; Order on Review The Commission through this Order appropriately determines that the migration of programming to a switched digital video (``SDV'') platform does not violate Sections 76.1201 or 76.640(b) of our rules. Deployment of SDV technology to deliver video programming is consistent with the plain language of the regulations. It also can serve the public interest by allowing cable operators to comply with the Commission's ``viewability'' rules and deliver more programming options, including HD channels and niche programming, without displacing significant numbers of existing channels. I only
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1960A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1960A1.txt
- of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, Report and Order, 13 FCC Rcd 14775, 14786-7, 28-32 (1998) (``Manufacturers will have substantial incentive to develop and distribute new products in response to consumer demands for equipment and features, provided that the MVPD system for which the equipment is designed is accessible.''). See also 47 C.F.R. 76.1201, 1202, 1204(c). We will consider those concerns and complaints separately. See e.g., Flatt Complaint at 1-2; Brooks Complaint at 2-3. 47 U.S.C. 503(b)(1)(B); 47 C.F.R. 1.80(a)(1). 47 U.S.C. 503(b); 47 C.F.R. 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002). 47 U.S.C. 503(b)(2)(A), 47 C.F.R. 1.80(b)(1). The Commission has
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2299A1.txt
- ) ) ) ) ) File Number EB-07-SE-351 NAL/Acct. No. 200932100001 FRN 0016034050 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Cox Communications, Inc. (``Cox'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules''). Specifically, Cox apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2300A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2300A1.txt
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Oceanic Time Warner Cable (``Oceanic Kauai''), a division of Time Warner Cable, Inc. (together with Oceanic Kauai, ``TWC'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules'') in its Oceanic Kauai cable system. Specifically, Oceanic Kauai apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2301A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2301A1.txt
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL and Order''), we find that Oceanic Time Warner Cable (``Oceanic Oahu''), a division of Time Warner Cable, Inc. (together with Oceanic Oahu, ``TWC'') apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules (``Rules'') in its Oceanic Oahu Central cable system. Specifically, Oceanic Oahu apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-120A1.txt
- System ) ) ) ) ) File Number EB-07-SE-352 NAL/Acct. No. 200932100003 FRN 0018049841 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oaha Central Cable System (collectively, ``TWC''), willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules'') in its Oceanic Oahu Central Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-122A1.txt
- Washington, D.C. 20554 In the Matter of Cox Communications, Inc. Fairfax County, Virginia Cable System ) ) ) ) ) File Number EB-07-SE-351 NAL/Acct. No. 20093210001 FRN 0016034050 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Cox Communications, Inc. (``Cox'') willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules''). Specifically, Cox violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on October 16,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-123A1.txt
- Cable System ) ) ) ) ) File Number EB-07-SE-352 NAL/Acct. No. 200932100002 FRN 0018049841 FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System (collectively, ``TWC''), willfully and repeatedly violated Section 76.1201 of the Commission's Rules (``Rules'') in its Oceanic Kauai Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video (``SDV'') platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products (``UDCPs'') from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6, 2007,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2423A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2423A1.txt
- copy contractor, Best Copy and Printing, Inc., telephone (202) 488-5300, facsimile (202) 488-5563, or via email at fcc@bcpiweb.com. or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). For further information, contact Brendan Murray, (202) 418-1573. Press inquiries should be directed to Janice Wise, (202) 418-8165. -FCC- 47 U.S.C. 549. See 47 C.F.R. 76.1201-1203. 47 C.F.R. 1.1206. See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, 8 (1998). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 F F PNG r v "r9 I'6
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- its TTY line at 202-418-1148 for further information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-Tell-FCC (1-888-835-5322). Issued by: Chief, Enforcement Bureau -FCC- CableCARDs are referred to in the Federal Communications Commission's rules as point-of-deployment modules (``PODs''). See, e.g., 47 C.F.R. 76.640(b). The rule sections affected by the amendments include 47 C.F.R. 76.640, 76.1201-05, and 76.1602. As described below, the requirement to permit self-installation takes effect for some cable operators on November 1, 2011. See Implementation of Section 304 of the Telecommunications Act of 1996, Third Report and Order and Order on Reconsideration, 25 FCC Rcd 14657, 14672 28 (2010) (Commercial Availability of Navigation Devices Third Report and Order), Order on Reconsideration, 26
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.txt
- the Commission determines to be reasonable. Id. Q 543(b)(8)(C). 65 Tier Buy-through Order, 8 FCC Rcd at 2275 n.9. 66 47 U.S.C. Q 549. The Commission defines navigation devices as "converter boxes, interactive equipment, and other equipment used by consumers within their premises to receive multichannel video programming and other services offered over multichannel video programming systems." 47 C.F.R. 5 76.1201(c). 67 Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation 68 Devices, 13 FCC Rcd 14775,14776 (1998); 47 C.F.R. 5 76.1204. 47 U.S.C. 9 544A. The analog equipment compatibility rules were developed ten years ago. See Compatibility Between Cable Systems and Consumer Electronics Equipment, 9 FCC Rcd 1981 (1994) ("Compatibility Report and Order"). 69 'O
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- Comments at 2. 47 C.F.R. 76.1200 et seq. See Navigation Devices Order, 13 FCC Rcd at 14776 2. 47 U.S.C. 549. Section 629 was adopted as part of the 1996 Act. 47 U.S.C. 549(a). See Navigation Devices Order, 13 FCC Rcd at 14778, 14787 8, 34; see 47 C.F.R. 76.1205. See 47 C.F.R. 76.1201, 76.1202. Navigation Devices Order, 13 FCC Rcd at 14775, 14776 2. The House Report stated that [C]ompetition in the manufacturing and distribution of consumer devices has always led to innovation, lower prices and higher quality. Clearly, consumers will benefit from having more choices among telecommunications subscription services arriving by various distribution services. H.R. Rep. No. 104-204, 104th Cong., 1st
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- video programming distributors (``MVPDs'') are available for commercial retail purchase. In adopting rules to implement Section 629, the Commission determined that commercial availability could be achieved by requiring that the security function of converter boxes and other navigation devices be separated from non-security functions. The Commission adopted other rules designed to foster a competitive market for navigation devices, including Section 76.1201, which gives subscribers a right to attach compatible navigation devices to an MVPD system, and Section 76.1202, which prohibits MVPDs from taking actions that prevent navigation devices that do not perform security functions from being made available to subscribers from sources unaffiliated with the MVPD. Regarding EPGs, such as Guide Plus+, the Commission stated its commitment to ``encourage the development
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- become ``Interactive Digital Cable Ready'' and demand even more innovative interactive devices which can be brought to market right away. Navigation devices are defined for purposes of this proceeding as ``converter boxes, interactive equipment, and other equipment used by consumers within their premises to receive multichannel video programming and other services offered over multichannel video programming systems.'' 47 C.F.R. 76.1201(c). Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices and Compatibility Between Cable Systems and Consumer Electronics Equipment, 18 FCC Rcd 518 (2003) (``Further Notice''). See Letter from Carl E. Vogel, President and CEO, Charter Communications, et al., to Michael K. Powell, Chairman, FCC (Dec. 19, 2002) (``Cable/CE Letter''); Memorandum of Understanding Among Cable
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- progress on the road toward the exciting new world of digital television for which we have been waiting too long. Navigation devices are defined for purposes of this proceeding as ``converter boxes, interactive equipment, and other equipment used by consumers within their premises to receive multichannel video programming and other services offered over multichannel video programming systems.'' 47 C.F.R. 76.1201(c). 47 U.S.C. 549. Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, 13 FCC Rcd 14775, 14793 (1998) ("Navigation Devices Order"); see 47 C.F.R. 76.1204(a)(1). Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, 15 FCC Rcd 18199, 18203 (2000) (``Further Notice and Declaratory Ruling''). Memorandum
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- the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, 18 FCC Rcd 7924 (2003) (``Extension Order''). Id. at 7926. Navigation devices are defined for purposes of this proceeding as ``converter boxes, interactive equipment, and other equipment used by consumers within their premises to receive multichannel video programming and other services offered over multichannel video programming systems.'' 47 C.F.R. 76.1201(c). 47 U.S.C. 549. Id. Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, 13 FCC Rcd 14775, 14806 (1998) (``First Report and Order''); 47 C.F.R. 76.1204(a)(1). See also General Instrument Corp. v. FCC, 213 F.3d 724 (D.C. Cir. 2000) (holding that the Commission's ban on integrated devices is premised on a reasonable
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- 30 days advanced written notice before implementing a service change consisting of the migration of certain channels to an SDV platform on September 24, 2007. On October 15, 2008, the Bureau issued additional Notices of Apparent Liability for Forfeiture against TWC and Cox finding that their migration of programming to an SDV platform in certain cable systems apparently violated Sections 76.1201 and 76.640(b) of the Commission's rules. Section 76.1201 prohibits a Multichannel Video Programming Distributor (``MVPD'') from preventing ``the connection or use of navigation devices to or with its ... system, except in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-52A2.txt
- a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System; Cox Communications, Inc., Fairfax County, Virginia Cable System; File Nos. EB-07-SE-351, EB-07-SE-352; NAL/Acct. Nos. 200832100074, 200932100001, 200932100002, 200932100003, 200932100008, 200932100022, and 200932100023; Order on Review The Commission through this Order appropriately determines that the migration of programming to a switched digital video (``SDV'') platform does not violate Sections 76.1201 or 76.640(b) of our rules. Deployment of SDV technology to deliver video programming is consistent with the plain language of the regulations. It also can serve the public interest by allowing cable operators to comply with the Commission's ``viewability'' rules and deliver more programming options, including HD channels and niche programming, without displacing significant numbers of existing channels. I only
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-181A1.txt
- these rule changes do little more than codify the certification process as it exists today. Comments reflect that while the certification process is costly, CableLabs's device testing is conducted in a professional manner and is important to ensure that CableCARD devices work properly. CEA claims generally, however, that certain CableCARD licensing terms may go beyond what is allowed under Sections 76.1201 and 76.1204 of our rules. They assert that these licensing terms limit innovation. To the extent that any interested party has concerns that an aspect of the CableCard licensing regime violates Sections 76.1201 through 76.1204 of the Commission's rules, that party may allege a specific violation of the Commission's rules pursuant to Section 76.7 of our rules. We decline to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.txt
- the right to attach devices to an MVPD system provided that the attached equipment does not cause electronic or physical harm or assist in the unauthorized receipt of service. See Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availibility of Navigation Devices, Report and Order, 13 FCC Rcd 14775 (1998); 47 U.S.C. 549; 47 C.F.R. 76.1201-03. Nothing in this Order is intended to alter those existing rules. For example, a DOCSIS-based broadband provider is not required to support a DSL modem. See ACA Comments at 13-14; see also Satellite Broadband Commenters Comments at 8-9 (noting that an antenna and associated modem must comply with equipment and protocol standards set by satellite companies, but that ``consumers can
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1_Rcd.pdf
- end users the right to attach devices to an MVPD system provided that the attached equipment does not cause electronic or physical harm or assist in the unauthorized receipt of service. See Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availibility of Navigation Devices, Report and Order,13 FCC Rcd 14775 (1998); 47 U.S.C. 549; 47 C.F.R. 76.120103. Nothing in this Order is intended to alter those existing rules. 203For example, a DOCSIS-based broadband provider is not required to support a DSL modem.See ACA Comments at 1314; see alsoSatellite Broadband Commenters Comments at 89 (noting that an antenna and associated modem must comply with equipment and protocol standards set by satellite companies, but that "consumers can [then] attach...
- http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
- To achieve the statutory requirement of alternative sources of navigation devices, we mandate that subscribers have a right to attach any compatible navigation device to an MVPD system, regardless of its source, subject to the proviso that the attached equipment not cause harmful interference, injury to the system or compromise legitimate access control mechanisms. This rule is found in Sections 76.1201 (Right to Attach), 76.1203 (Incidence of Harm), and 76.1209 (Theft of Service). This rule makes clear to subscribers that an MVPD is not the exclusive purveyor of navigation devices for its system. We believe, as in the telephone context, that the right to attach leads to a broader market for equipment used with MVPD systems. Manufacturers will have substantial incentive
- http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.doc http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.txt
- Comments at 2. 47 C.F.R. 76.1200 et seq. See Navigation Devices Order, 13 FCC Rcd at 14776 2. 47 U.S.C. 549. Section 629 was adopted as part of the 1996 Act. 47 U.S.C. 549(a). See Navigation Devices Order, 13 FCC Rcd at 14778, 14787 8, 34; see 47 C.F.R. 76.1205. See 47 C.F.R. 76.1201, 76.1202. Navigation Devices Order, 13 FCC Rcd at 14775, 14776 2. The House Report stated that [C]ompetition in the manufacturing and distribution of consumer devices has always led to innovation, lower prices and higher quality. Clearly, consumers will benefit from having more choices among telecommunications subscription services arriving by various distribution services. H.R. Rep. No. 104-204, 104th Cong., 1st
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1960A1.html
- of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, Report and Order, 13 FCC Rcd 14775, 14786-7, P:P: 28-32 (1998) ("Manufacturers will have substantial incentive to develop and distribute new products in response to consumer demands for equipment and features, provided that the MVPD system for which the equipment is designed is accessible."). See also 47 C.F.R. S:S: 76.1201, 1202, 1204(c). We will consider those concerns and complaints separately. See e.g., Flatt Complaint at 1-2; Brooks Complaint at 2-3. 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1). 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002). 47 U.S.C. S: 503(b)(2)(A), 47 C.F.R. S: 1.80(b)(1). The Commission has
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2299A1.html
- No. 200932100001 ) Fairfax County, Virginia Cable System FRN 0016034050 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Cox Communications, Inc. ("Cox") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules"). Specifically, Cox apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2300A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Oceanic Time Warner Cable ("Oceanic Kauai"), a division of Time Warner Cable, Inc. (together with Oceanic Kauai, "TWC") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules") in its Oceanic Kauai cable system. Specifically, Oceanic Kauai apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2301A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Oceanic Time Warner Cable ("Oceanic Oahu"), a division of Time Warner Cable, Inc. (together with Oceanic Oahu, "TWC") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules") in its Oceanic Oahu Central cable system. Specifically, Oceanic Oahu apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of
- http://transition.fcc.gov/eb/Orders/2009/DA-09-120A1.html
- Warner Cable, Inc. ) FRN 0018049841 Oceanic Oahu Central Cable System ) FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oaha Central Cable System (collectively, "TWC"), willfully and repeatedly violated Section 76.1201 of the Commission's Rules ("Rules") in its Oceanic Oahu Central Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-122A1.html
- 20554 ) In the Matter of ) File Number EB-07-SE-351 Cox Communications, Inc. ) NAL/Acct. No. 20093210001 Fairfax County, Virginia Cable System ) FRN 0016034050 ) FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that Cox Communications, Inc. ("Cox") willfully and repeatedly violated Section 76.1201 of the Commission's Rules ("Rules"). Specifically, Cox violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV on October 16,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-123A1.html
- of Time Warner Cable, Inc. ) FRN 0018049841 Oceanic Kauai Cable System ) FORFEITURE ORDER Adopted: January 19, 2009 Released: January 19, 2009 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System (collectively, "TWC"), willfully and repeatedly violated Section 76.1201 of the Commission's Rules ("Rules") in its Oceanic Kauai Cable System. Specifically, TWC violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV on November 6, 2007,
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-52A1.html
- 30 days advanced written notice before implementing a service change consisting of the migration of certain channels to an SDV platform on September 24, 2007. On October 15, 2008, the Bureau issued additional Notices of Apparent Liability for Forfeiture against TWC and Cox finding that their migration of programming to an SDV platform in certain cable systems apparently violated Sections 76.1201 and 76.640(b) of the Commission's rules. Section 76.1201 prohibits a Multichannel Video Programming Distributor ("MVPD") from preventing "the connection or use of navigation devices to or with its ... system, except in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-52A2.html
- a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System; Cox Communications, Inc., Fairfax County, Virginia Cable System; File Nos. EB-07-SE-351, EB-07-SE-352; NAL/Acct. Nos. 200832100074, 200932100001, 200932100002, 200932100003, 200932100008, 200932100022, and 200932100023; Order on Review The Commission through this Order appropriately determines that the migration of programming to a switched digital video ("SDV") platform does not violate Sections 76.1201 or 76.640(b) of our rules. Deployment of SDV technology to deliver video programming is consistent with the plain language of the regulations. It also can serve the public interest by allowing cable operators to comply with the Commission's "viewability" rules and deliver more programming options, including HD channels and niche programming, without displacing significant numbers of existing channels. I only
- http://transition.fcc.gov/eb/Public_Notices/DA-11-1373A1.html
- its TTY line at 202-418-1148 for further information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-Tell-FCC (1-888-835-5322). Issued by: Chief, Enforcement Bureau -FCC- CableCARDs are referred to in the Federal Communications Commission's rules as point-of-deployment modules ("PODs"). See, e.g., 47 C.F.R. S: 76.640(b). The rule sections affected by the amendments include 47 C.F.R. S:S: 76.640, 76.1201-05, and 76.1602. As described below, the requirement to permit self-installation takes effect for some cable operators on November 1, 2011. See Implementation of Section 304 of the Telecommunications Act of 1996, Third Report and Order and Order on Reconsideration, 25 FCC Rcd 14657, 14672 P: 28 (2010) (Commercial Availability of Navigation Devices Third Report and Order), Order on Reconsideration, 26
- http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00341.doc
- be impeding the rights of MVPDs to prevent theft of service. It maintains that Section 76.1209 of the Commission's rules provides additional support for content providers seeking protection against unauthorized copying. Circuit City further asserts that the right to make such devices available includes the right of consumers to attach and use them on the network, except, according to Section 76.1201, ``. . . where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are intended or designed to assist in the unauthorized reception of service.'' In addition, Circuit City argues that Section 76.1203 spells out the limits on contractual constraints, even when they involve instances
- http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
- To achieve the statutory requirement of alternative sources of navigation devices, we mandate that subscribers have a right to attach any compatible navigation device to an MVPD system, regardless of its source, subject to the proviso that the attached equipment not cause harmful interference, injury to the system or compromise legitimate access control mechanisms. This rule is found in Sections 76.1201 (Right to Attach), 76.1203 (Incidence of Harm), and 76.1209 (Theft of Service). This rule makes clear to subscribers that an MVPD is not the exclusive purveyor of navigation devices for its system. We believe, as in the telephone context, that the right to attach leads to a broader market for equipment used with MVPD systems. Manufacturers will have substantial incentive
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.txt
- Comments at 2. 47 C.F.R. 76.1200 et seq. See Navigation Devices Order, 13 FCC Rcd at 14776 2. 47 U.S.C. 549. Section 629 was adopted as part of the 1996 Act. 47 U.S.C. 549(a). See Navigation Devices Order, 13 FCC Rcd at 14778, 14787 8, 34; see 47 C.F.R. 76.1205. See 47 C.F.R. 76.1201, 76.1202. Navigation Devices Order, 13 FCC Rcd at 14775, 14776 2. The House Report stated that [C]ompetition in the manufacturing and distribution of consumer devices has always led to innovation, lower prices and higher quality. Clearly, consumers will benefit from having more choices among telecommunications subscription services arriving by various distribution services. H.R. Rep. No. 104-204, 104th Cong., 1st
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081016.html
- Engineering and Technology [19]DA-08-2243A1.doc [20]DA-08-2243A10.doc [21]DA-08-2243A2.doc [22]DA-08-2243A3.doc [23]DA-08-2243A4.doc [24]DA-08-2243A5.doc [25]DA-08-2243A6.doc [26]DA-08-2243A7.doc [27]DA-08-2243A8.doc [28]DA-08-2243A9.doc [29]DA-08-2243A1.pdf [30]DA-08-2243A10.pdf [31]DA-08-2243A11.pdf [32]DA-08-2243A2.pdf [33]DA-08-2243A3.pdf [34]DA-08-2243A4.pdf [35]DA-08-2243A5.pdf [36]DA-08-2243A6.pdf [37]DA-08-2243A7.pdf [38]DA-08-2243A8.pdf [39]DA-08-2243A9.pdf [40]DA-08-2243A1.txt [41]DA-08-2243A10.txt [42]DA-08-2243A11.txt [43]DA-08-2243A2.txt [44]DA-08-2243A3.txt [45]DA-08-2243A4.txt [46]DA-08-2243A5.txt [47]DA-08-2243A6.txt [48]DA-08-2243A7.txt [49]DA-08-2243A8.txt [50]DA-08-2243A9.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TIME WARNER CABLE, OAHU CABLE SYSTEM. Issued an NAL and Order against Time Warner Cable for apparent violations of Sections 76.1201 and 76.640(b) of the Commission's Rules in its Oahu cable system. Action by: Chief, Enforcement Bureau. Adopted: 10/15/2008 by NALF. (DA No. 08-2301). EB [51]DA-08-2301A1.doc [52]DA-08-2301A1.pdf [53]DA-08-2301A1.txt TIME WARNER CABLE, KAUAI CABLE SYSTEM. Issued an NAL and Order against Time Warner Cable for an apparent violation of Sections 76.1201 and 76.640(b) of the Commission's Rules in its Kauai cable system.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090121.html
- $25,000 for violation of a Commission Order and Section 76.939 of the Commission's Rules. by ORDER. Action by: Chief, Enforcement Bureau. Adopted: 01/19/2009 by NALF. (DA No. 09-95). EB [84]DA-09-95A1.doc [85]DA-09-95A1.pdf [86]DA-09-95A1.txt TIME WARNER CABLE, OCEANIC KAUAI CABLE SYSTEM. Issued a monetary forfeiture in the amount of $20,000 to Time Warner Cable, Oceanic Kauai Cable System for violations of Sections 76.1201and 76.640 of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 01/19/2009 by Forfeiture Order. (DA No. 09-123). EB [87]DA-09-123A1.doc [88]DA-09-123A1.pdf [89]DA-09-123A1.txt SUDDENLINK COMMUNICATIONS, INC. Notified Suddenlink Communications, Inc. of its Apparent Liability for Forfeiture and Order in the amount of $25,000 for violation of a Commission Order and Section 76.939 of the Commission's Rules. by ORDER. Action by: Chief,
- http://www.fcc.gov/eb/Orders/2008/DA-08-1960A1.html
- of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, Report and Order, 13 FCC Rcd 14775, 14786-7, P:P: 28-32 (1998) ("Manufacturers will have substantial incentive to develop and distribute new products in response to consumer demands for equipment and features, provided that the MVPD system for which the equipment is designed is accessible."). See also 47 C.F.R. S:S: 76.1201, 1202, 1204(c). We will consider those concerns and complaints separately. See e.g., Flatt Complaint at 1-2; Brooks Complaint at 2-3. 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1). 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f). See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002). 47 U.S.C. S: 503(b)(2)(A), 47 C.F.R. S: 1.80(b)(1). The Commission has
- http://www.fcc.gov/eb/Orders/2008/DA-08-2299A1.html
- No. 200932100001 ) Fairfax County, Virginia Cable System FRN 0016034050 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Cox Communications, Inc. ("Cox") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules"). Specifically, Cox apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on October 16, 2007, in its Fairfax County, Virginia cable system, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://www.fcc.gov/eb/Orders/2008/DA-08-2300A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Oceanic Time Warner Cable ("Oceanic Kauai"), a division of Time Warner Cable, Inc. (together with Oceanic Kauai, "TWC") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules") in its Oceanic Kauai cable system. Specifically, Oceanic Kauai apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of SDV
- http://www.fcc.gov/eb/Orders/2008/DA-08-2301A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: October 15, 2008 Released: October 15, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL and Order"), we find that Oceanic Time Warner Cable ("Oceanic Oahu"), a division of Time Warner Cable, Inc. (together with Oceanic Oahu, "TWC") apparently willfully violated Sections 76.1201 and 76.640(b)(1) of the Commission's Rules ("Rules") in its Oceanic Oahu Central cable system. Specifically, Oceanic Oahu apparently violated Section 76.1201 by moving certain channels to a Switched Digital Video ("SDV") platform on November 6, 2007, thereby preventing subscribers with CableCARD-equipped unidirectional digital cable products ("UDCPs") from using their navigation devices to access these channels. Further, in its deployment of
- http://www.fcc.gov/eb/Orders/2009/FCC-09-52A1.html
- 30 days advanced written notice before implementing a service change consisting of the migration of certain channels to an SDV platform on September 24, 2007. On October 15, 2008, the Bureau issued additional Notices of Apparent Liability for Forfeiture against TWC and Cox finding that their migration of programming to an SDV platform in certain cable systems apparently violated Sections 76.1201 and 76.640(b) of the Commission's rules. Section 76.1201 prohibits a Multichannel Video Programming Distributor ("MVPD") from preventing "the connection or use of navigation devices to or with its ... system, except in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are
- http://www.fcc.gov/eb/Orders/2009/FCC-09-52A2.html
- a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System; Cox Communications, Inc., Fairfax County, Virginia Cable System; File Nos. EB-07-SE-351, EB-07-SE-352; NAL/Acct. Nos. 200832100074, 200932100001, 200932100002, 200932100003, 200932100008, 200932100022, and 200932100023; Order on Review The Commission through this Order appropriately determines that the migration of programming to a switched digital video ("SDV") platform does not violate Sections 76.1201 or 76.640(b) of our rules. Deployment of SDV technology to deliver video programming is consistent with the plain language of the regulations. It also can serve the public interest by allowing cable operators to comply with the Commission's "viewability" rules and deliver more programming options, including HD channels and niche programming, without displacing significant numbers of existing channels. I only
- http://www.fcc.gov/eb/Public_Notices/DA-11-1373A1.html
- its TTY line at 202-418-1148 for further information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-Tell-FCC (1-888-835-5322). Issued by: Chief, Enforcement Bureau -FCC- CableCARDs are referred to in the Federal Communications Commission's rules as point-of-deployment modules ("PODs"). See, e.g., 47 C.F.R. S: 76.640(b). The rule sections affected by the amendments include 47 C.F.R. S:S: 76.640, 76.1201-05, and 76.1602. As described below, the requirement to permit self-installation takes effect for some cable operators on November 1, 2011. See Implementation of Section 304 of the Telecommunications Act of 1996, Third Report and Order and Order on Reconsideration, 25 FCC Rcd 14657, 14672 P: 28 (2010) (Commercial Availability of Navigation Devices Third Report and Order), Order on Reconsideration, 26
- http://www.fcc.gov/mb/engineering/76print.html
- itemization. [141]76.986 "A la carte" offerings. [142]76.987 New product tiers. [143]76.990 Small cable operators. Subpart O -- Competitive Access to Cable Programming [144]76.1000 Definitions. [145]76.1001 Unfair practices generally. [146]76.1002 Specific unfair practices prohibited. [147]76.1003 Program access proceedings. [148]76.1004 Applicability of program access rules to common carriers and affiliates. [149]76.100576.1010 [Reserved] Subpart P -- Competitive Availability of Navigation Devices [150]76.1200 Definitions. [151]76.1201 Rights of subscribers to use or attach navigation devices. [152]76.1202 Availability of navigation devices. [153]76.1203 Incidence of harm. [154]76.1204 Availability of equipment performing conditional access or security functions. [155]76.1205 Availability of interface information. [156]76.1206 Equipment sale or lease charge subsidy prohibition. [157]76.1207 Waivers. [158]76.1208 Sunset of regulations. [159]76.1209 Theft of service. [160]76.1210 Effect on other rules. Subpart Q -- Regulation
- http://www.fcc.gov/mb/engineering/part76.pdf
- 76.987 New product tiers. 76.990 Small cable operators. Subpart O-Competitive Access to Cable Programming 76.1000 Definitions. 76.1001 Unfair practices generally. 76.1002 Specific unfair practices prohibited. 76.1003 Program access proceedings. 76.1004 Applicability of program access rules to common carriers and affiliates. 76.1005-76.1010 [Reserved] Subpart P-Competitive Availability of Navigation Devices 76.1200 Definitions. 76.1201 Rights of subscribers to use or attach navigation devices. 76.1202 Availability of navigation devices. 76.1203 Incidence of harm. 76.1204 Availability of equipment performing conditional access or security functions. 76.1205 Availability of interface information. 76.1206 Equipment sale or lease charge subsidy prohibition. 76.1207 Waivers. 76.1208 Sunset of regulations. 76.1209 Theft of service. Page