§  15.123   Labeling of digital cable ready products.

   (a) The requirements of this section shall apply to unidirectional
   digital cable products. Unidirectional digital cable products are
   one-way devices that accept a Point of Deployment module (POD) and
   which include, but are not limited to televisions, set-top-boxes and
   recording devices connected to digital cable systems. Unidirectional
   digital cable products do not include interactive two-way digital
   television products.

   (b) A unidirectional digital cable product may not be labeled with or
   marketed using the term "digital cable ready," or other terminology
   that describes the device as "cable ready" or "cable compatible," or
   otherwise indicates that the device accepts a POD or conveys the
   impression that the device is compatible with digital cable service
   unless it implements at a minimum the following features:

   (1) Tunes NTSC analog channels transmitted in-the-clear.

   (2) Tunes digital channels that are transmitted in compliance with SCTE
   40 2003 (formerly DVS 313): "Digital Cable Network Interface Standard"
   (incorporated by reference, see § 15.38), provided, however, that with
   respect to Table B.11 of that standard, the phase noise requirement
   shall be -86 dB/Hz including both in-the-clear channels and channels
   that are subject to conditional access.

   (3) Allows navigation of channels based on channel information (virtual
   channel map and source names) provided through the cable system in
   compliance with ANSI/SCTE 65 2002 (formerly DVS 234): "Service
   Information Delivered Out-of-Band for Digital Cable Television"
   (incorporated by reference, see § 15.38), and/or PSIP-enabled
   navigation (ANSI/SCTE 54 2003 (formerly DVS 241): "Digital Video
   Service Multiplex and Transport System Standard for Cable Television"
   (incorporated by reference, see § 15.38)).

   (4) Includes the POD-Host Interface specified in SCTE 28 2003 (formerly
   DVS 295): "Host-POD Interface Standard" (incorporated by reference, see
   § 15.38), and SCTE 41 2003 (formerly DVS 301): "POD Copy Protection
   System" (incorporated by reference, see § 15.38), or implementation of
   a more advanced POD-Host Interface based on successor standards.
   Support for Internet protocol flows is not required.

   (5) Responds to emergency alerts that are transmitted in compliance
   with ANSI/SCTE 54 2003 (formerly DVS 241): "Digital Video Service
   Multiplex and Transport System Standard for Cable Television"
   (incorporated by reference, see § 15.38).

   (6) In addition to the requirements of paragraphs (b)(1) through (5) of
   this section, a unidirectional digital cable television may not be
   labeled or marketed as digital cable ready or with other terminology as
   described in paragraph (b) of this section, unless it includes a DTV
   broadcast tuner as set forth in § 15.117(i) and employs at least one
   specified interface in accordance with the following schedule:

   (i) For 480p grade unidirectional digital cable televisions, either a
   DVI/HDCP, HDMI/HDCP, or 480p Y,Pb,Pr interface:

   (A) Models with screen sizes 36 inches and above: 50% of a
   manufacturer's or importer's models manufactured or imported after July
   1, 2004; 100% of such models manufactured or imported after July 1,
   2005.

   (B) Models with screen sizes 32 to 35 inches: 50% of a manufacturer's
   or importer's models manufactured or imported after July 1, 2005; 100%
   of such models manufactured or imported after July 1, 2006.

   (ii) For 720p/1080i grade unidirectional digital cable televisions,
   either a DVI/HDCP or HDMI/HDCP interface:

   (A) Models with screen sizes 36 inches and above: 50% of a
   manufacturer's or importer's models manufactured or imported after July
   1, 2004; 100% of such models manufactured or imported after July 1,
   2005.

   (B) Models with screen sizes 25 to 35 inches: 50% of a manufacturer's
   or importer's models manufactured or imported after July 1, 2005; 100%
   of such models manufactured or imported after July l, 2006.

   (C) Models with screen sizes 13 to 24 inches: 100% of a manufacturer's
   or importer's models manufactured or imported after July 1, 2007.

   (c) Before a manufacturer's or importer's first unidirectional digital
   cable product may be labeled or marketed as digital cable ready or with
   other terminology as described in paragraph (b) of this section, the
   manufacturer or importer shall verify the device as follows:

   (1) The manufacturer or importer shall have a sample of its first model
   of a unidirectional digital cable product tested to show compliance
   with the procedures set forth in Uni-Dir-PICS-I01-030903:
   Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma
   (incorporated by reference, see § 15.38) at a qualified test facility.
   If the model fails to comply, the manufacturer or importer shall have
   any modifications to the product to correct failures of the procedures
   in Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device:
   Conformance Checklist: PICS Proforma," September 3, 2003 (incorporated
   by reference, see § 15.38) retested at a qualified test facility and
   the product must comply with Uni-Dir-PICS-I01-030903: "Uni-Directional
   Receiving Device: Conformance Checklist: PICS Proforma," September 3,
   2003 (incorporated by reference, see § 15.38) in accordance with the
   test procedures set forth in Uni-Dir-ATP-I02-040225: "Uni-Directional
   Receiving Device, Acceptance Test Plan," February 25, 2004
   (incorporated by reference, see § 15.38) or with
   M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25,
   2008 (incorporated by reference, see § 15.38) in accordance with the
   test procedures set forth in TP-ATP-M-UDCP-I05-20080304,
   "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP
   Device Acceptance Test Plan," March 4, 2008 (incorporated by reference,
   see § 15.38) before the product or any related model may be labeled or
   marketed. If the manufacturer or importer's first unidirectional
   digital cable product is not a television, then that manufacturer or
   importer's first model of a unidirectional digital cable product which
   is a television shall be tested pursuant to this subsection as though
   it were the first unidirectional digital cable product. A qualified
   test facility may only require compliance with the procedures set forth
   in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device:
   Conformance Checklist: PICS Proforma, September 3, 2003 (incorporated
   by reference, see § 15.38). Compliance testing beyond those procedures
   shall be at the discretion of the manufacturer or importer.

   (2) A qualified test facility is a testing laboratory representing
   cable television system operators serving a majority of the cable
   television subscribers in the United States or an appropriately
   qualified independent laboratory with adequate equipment and competent
   personnel knowledgeable with respect to Uni-Dir-PICS-I01-030903:
   "Uni-Directional Receiving Device: Conformance Checklist: PICS
   Proforma," September 03, 2003 (incorporated by reference, see § 15.38);
   Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device, Acceptance
   Test Plan," February 25, 2004 (incorporated by reference, see § 15.38);
   M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25,
   2008 (incorporated by reference, see § 15.38); and
   TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products
   Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008
   (incorporated by reference, see § 15.38). For any independent testing
   laboratory to be qualified hereunder such laboratory must ensure that
   all its decisions are impartial and have a documented structure which
   safeguards impartiality of the operations of the testing laboratory. In
   addition, any independent testing laboratory qualified hereunder must
   not supply or design products of the type it tests, nor provide any
   other products or services that could compromise confidentiality,
   objectivity or impartiality of the testing laboratory's testing process
   and decisions.

   (3) Subsequent to the testing of its initial unidirectional digital
   cable product model, a manufacturer or importer is not required to have
   other models of unidirectional digital cable products tested at a
   qualified test facility for compliance with the procedures of
   Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma," September 03, 2003 (incorporated by
   reference, see § 15.38) unless the first model tested was not a
   television, in which event the first television shall be tested as
   provided in § 15.123(c)(1). The manufacturer or importer shall ensure
   that all subsequent models of unidirectional digital cable products
   comply with the procedures in the Uni-Dir-PICS-I01-030903:
   "Uni-Directional Receiving Device: Conformance Checklist: PICS
   Proforma," September 03, 2003 (incorporated by reference, see § 15.38)
   and all other applicable rules and standards. The manufacturer or
   importer shall maintain records indicating such compliance in
   accordance with the verification procedure requirements in part 2,
   subpart J of this chapter. The manufacturer or importer shall further
   submit documentation verifying compliance with the procedures in the
   Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance
   Checklist: PICS Proforma," September 03, 2003 (incorporated by
   reference, see § 15.38) to the qualified test facility.

   (4) Unidirectional digital cable product models must be tested for
   compliance with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving
   Device: Conformance Checklist: PICS Proforma," September 3, 2003
   (incorporated by reference, see § 15.38) in accordance with
   Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device Acceptance
   Test Plan," February 25, 2004, (incorporated by reference, see § 15.38)
   or an equivalent test procedure that produces identical pass/fail test
   results. In the event of any dispute over the applicable results under
   an equivalent test procedure, the results under Uni-Dir-ATP-I02-040225:
   "Uni-Directional Receiving Device Acceptance Test Plan," February 25,
   2004 (incorporated by reference, see § 15.38) shall govern.

   (5) This paragraph applies to unidirectional digital cable product
   models which utilize Point-of-Deployment modules (PODs) in multi-stream
   mode (M-UDCPs).

   (i) The manufacturer or importer shall have a sample of its first model
   of a M-UDCP tested at a qualified test facility to show compliance with
   M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25,
   2008 (incorporated by reference, see § 15.38) as specified in the
   procedures set forth in TP-ATP-M-UDCP-I05-20080304, "Uni-Directional
   Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test
   Plan," March 4, 2008 (both references incorporated by reference, see
   § 15.38). If the model fails to comply, the manufacturer or importer
   shall have retested, at a qualified test facility, a product that
   complies with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving
   Device: Conformance Checklist: PICS Proforma," September 03, 2003
   (incorporated by reference, see § 15.38) in accordance with
   Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device Acceptance
   Test Plan," February 25, 2004, (incorporated by reference, see § 15.38)
   or an equivalent test procedure that produces identical pass/fail test
   results before any product or related model may be labeled or marketed.
   If the manufacturer or importer's first M-UDCP is not a television,
   then that manufacturer or importer's first model of a M-UDCP which is a
   television shall be tested pursuant to this subsection as though it
   were the first M-UDCP.

   (ii) A qualified test facility is a testing laboratory representing
   cable television system operators serving a majority of the cable
   television subscribers in the United States or an appropriately
   qualified independent laboratory with adequate equipment and competent
   personnel knowledgeable with Uni-Dir-PICS-I01-030903: "Uni-Directional
   Receiving Device: Conformance Checklist: PICS Proforma," September 03,
   2003 (incorporated by reference, see § 15.38); Uni-Dir-ATP-I02-040225:
   "Uni-Directional Receiving Device, Acceptance Test Plan," February 25,
   2004 (incorporated by reference, see § 15.38); M-UDCP-PICS-I04-080225,
   "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles;
   Conformance Checklist: PICS," February 25, 2008 (incorporated by
   reference, see § 15.38); and TP-ATP-M-UDCP-I05-20080304,
   "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP
   Device Acceptance Test Plan," March 4, 2008 (incorporated by reference,
   see § 15.38). For any independent testing laboratory to be qualified
   hereunder such laboratory must ensure that all its decisions are
   impartial and have a documented structure which safeguards impartiality
   of the operations of the testing laboratory. In addition, any
   independent testing laboratory qualified hereunder must not supply or
   design products of the type it tests, nor provide any other products or
   services that could compromise confidentiality, objectivity or
   impartiality of the testing laboratory's testing process and decisions.

   (iii) Subsequent to the successful testing of its initial M-UDCP, a
   manufacturer or importer is not required to have other M-UDCP models
   tested at a qualified test facility for compliance with
   M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25,
   2008 (incorporated by reference, see § 15.38) unless the first model
   tested was not a television, in which event the first television shall
   be tested as provided in § 15.123(c)(5)(i). The manufacturer or
   importer shall ensure that all subsequent models of M-UDCPs comply with
   M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting
   M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25,
   2008 (incorporated by reference, see § 15.38) and all other applicable
   rules and standards. The manufacturer or importer shall maintain
   records indicating such compliance in accordance with the verification
   procedure requirements in part 2, subpart J of this chapter. For each
   M-UDCP model, the manufacturer or importer shall further submit
   documentation verifying compliance with M-UDCP-PICS-I04-080225,
   "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles;
   Conformance Checklist: PICS," February 25, 2008 (incorporated by
   reference, see § 15.38) to the qualified test facility.

   (iv) M-UDCPs must be in compliance with M-UDCP-PICS-I04-080225,
   "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles;
   Conformance Checklist: PICS," February 25, 2008 (incorporated by
   reference, see § 15.38) in accordance with the procedures set forth in
   TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products
   Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008
   (incorporated by reference, see § 15.38) or an equivalent test
   procedure that produces identical pass/fail test results. In the event
   of any dispute over the applicable results under an equivalent test
   procedure, the results under TP-ATP-M-UDCP-I05-20080304,
   "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP
   Device Acceptance Test Plan," March 4, 2008 (incorporated by reference,
   see § 15.38) shall govern.

   (d) Manufacturers and importers shall provide in appropriate post-sale
   material that describes the features and functionality of the product,
   such as the owner's guide, the following language: "This digital
   television is capable of receiving analog basic, digital basic and
   digital premium cable television programming by direct connection to a
   cable system providing such programming. A security card provided by
   your cable operator is required to view encrypted digital programming.
   Certain advanced and interactive digital cable services such as
   video-on-demand, a cable operator's enhanced program guide and
   data-enhanced television services may require the use of a set-top box.
   For more information call your local cable operator."

   [ 68 FR 66733 , Nov. 28, 2003, as amended at  76 FR 40277 , July 8, 2011]