Laws: Cases and Codes : U.S. Code : Title 47 : Section 544a


   
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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