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U.S. Code as of:
01/19/04
Section 544a. Consumer electronics equipment compatibility
(a) Findings
The Congress finds that -
(1) new and recent models of television receivers and video
cassette recorders often contain premium features and functions
that are disabled or inhibited because of cable scrambling,
encoding, or encryption technologies and devices, including
converter boxes and remote control devices required by cable
operators to receive programming;
(2) if these problems are allowed to persist, consumers will be
less likely to purchase, and electronics equipment manufacturers
will be less likely to develop, manufacture, or offer for sale,
television receivers and video cassette recorders with new and
innovative features and functions;
(3) cable operators should use technologies that will prevent
signal thefts while permitting consumers to benefit from such
features and functions in such receivers and recorders; and
(4) compatibility among televisions, video cassette recorders,
and cable systems can be assured with narrow technical standards
that mandate a minimum degree of common design and operation,
leaving all features, functions, protocols, and other product and
service options for selection through open competition in the
market.
(b) Compatible interfaces
(1) Report; regulations
Within 1 year after October 5, 1992, the Commission, in
consultation with representatives of the cable industry and the
consumer electronics industry, shall report to Congress on means
of assuring compatibility between televisions and video cassette
recorders and cable systems, consistent with the need to prevent
theft of cable service, so that cable subscribers will be able to
enjoy the full benefit of both the programming available on cable
systems and the functions available on their televisions and
video cassette recorders. Within 180 days after the date of
submission of the report required by this subsection, the
Commission shall issue such regulations as are necessary to
assure such compatibility.
(2) Scrambling and encryption
In issuing the regulations referred to in paragraph (1), the
Commission shall determine whether and, if so, under what
circumstances to permit cable systems to scramble or encrypt
signals or to restrict cable systems in the manner in which they
encrypt or scramble signals, except that the Commission shall not
limit the use of scrambling or encryption technology where the
use of such technology does not interfere with the functions of
subscribers' television receivers or video cassette recorders.
(c) Rulemaking requirements
(1) Factors to be considered
In prescribing the regulations required by this section, the
Commission shall consider -
(A) the need to maximize open competition in the market for
all features, functions, protocols, and other product and
service options of converter boxes and other cable converters
unrelated to the descrambling or decryption of cable television
signals;
(B) the costs and benefits to consumers of imposing
compatibility requirements on cable operators and television
manufacturers in a manner that, while providing effective
protection against theft or unauthorized reception of cable
service, will minimize interference with or nullification of
the special functions of subscribers' television receivers or
video cassette recorders, including functions that permit the
subscriber -
(i) to watch a program on one channel while simultaneously
using a video cassette recorder to tape a program on another
channel;
(ii) to use a video cassette recorder to tape two
consecutive programs that appear on different channels; and
(iii) to use advanced television picture generation and
display features; and
(C) the need for cable operators to protect the integrity of
the signals transmitted by the cable operator against theft or
to protect such signals against unauthorized reception.
(2) Regulations required
The regulations prescribed by the Commission under this section
shall include such regulations as are necessary -
(A) to specify the technical requirements with which a
television receiver or video cassette recorder must comply in
order to be sold as "cable compatible" or "cable ready";
(B) to require cable operators offering channels whose
reception requires a converter box -
(i) to notify subscribers that they may be unable to
benefit from the special functions of their television
receivers and video cassette recorders, including functions
that permit subscribers -
(I) to watch a program on one channel while
simultaneously using a video cassette recorder to tape a
program on another channel;
(II) to use a video cassette recorder to tape two
consecutive programs that appear on different channels; and
(III) to use advanced television picture generation and
display features; and
(ii) to the extent technically and economically feasible,
to offer subscribers the option of having all other channels
delivered directly to the subscribers' television receivers
or video cassette recorders without passing through the
converter box;
(C) to promote the commercial availability, from cable
operators and retail vendors that are not affiliated with cable
systems, of converter boxes and of remote control devices
compatible with converter boxes;
(D) to ensure that any standards or regulations developed
under the authority of this section to ensure compatibility
between televisions, video cassette recorders, and cable
systems do not affect features, functions, protocols, and other
product and service options other than those specified in
paragraph (1)(B), including telecommunications interface
equipment, home automation communications, and computer network
services;
(E) to require a cable operator who offers subscribers the
option of renting a remote control unit -
(i) to notify subscribers that they may purchase a
commercially available remote control device from any source
that sells such devices rather than renting it from the cable
operator; and
(ii) to specify the types of remote control units that are
compatible with the converter box supplied by the cable
operator; and
(F) to prohibit a cable operator from taking any action that
prevents or in any way disables the converter box supplied by
the cable operator from operating compatibly with commercially
available remote control units.
(d) Review of regulations
The Commission shall periodically review and, if necessary,
modify the regulations issued pursuant to this section in light of
any actions taken in response to such regulations and to reflect
improvements and changes in cable systems, television receivers,
video cassette recorders, and similar technology.
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