§  76.1205   CableCARD support.

   (a) Technical information concerning interface parameters that are
   needed to permit navigation devices to operate with multichannel video
   programming systems shall be provided by the system operator upon
   request in a timely manner.

   (b) A multichannel video programming provider that is subject to the
   requirements of §  76.1204(a)(1) must:

   (1) Provide the means to allow subscribers to self-install the
   CableCARD in a CableCARD-reliant device purchased at retail and inform
   a subscriber of this option when the subscriber requests a CableCARD.
   This requirement shall be effective August 1, 2011, if the MVPD allows
   its subscribers to self-install any cable modems or operator-leased
   set-top boxes and November 1, 2011 if the MVPD does not allow its
   subscribers to self-install any cable modems or operator-leased set-top
   boxes;

   (i) This requirement shall not apply to cases in which neither the
   manufacturer nor the vendor of the CableCARD-reliant device furnishes
   to purchasers appropriate instructions for self-installation of a
   CableCARD, and a manned toll-free telephone number to answer consumer
   questions regarding CableCARD installation but only for so long as such
   instructions are not furnished and the call center is not offered;

   (ii) [Reserved]

   (2) Effective August 1, 2011, provide multi-stream CableCARDs to
   subscribers, unless the subscriber requests a single-stream CableCARD;

   (3) With respect to professional installations, ensure that the
   technician arrives with no fewer than the number of CableCARDS
   requested by the customer and ensure that all CableCARDs delivered to
   customers are in good working condition and compatible with the
   customer's device;

   (4) Effective August 1, 2011, provide, through the use of a commonly
   used interface and published specifications for communication,
   CableCARD-reliant, firmware-upgradable navigation devices the ability
   to tune simultaneously as many switched-digital channels as the
   greatest number of streams supported by any set-top box provided by the
   cable operator, or four simultaneous channels, whichever is greater;

   (5) Separately disclose to consumers in a conspicuous manner with
   written information provided to customers in accordance with §  76.1602,
   with written or oral information at consumer request, and on Web sites
   or billing inserts;

   (i) Any assessed fees for the rental of single and additional
   CableCARDs and the rental of operator-supplied navigation devices; and,

   (ii) If such provider includes equipment in the price of a bundled
   offer of one or more services, the fees reasonably allocable to:

   (A) The rental of single and additional CableCARDs; and

   (B) The rental of operator-supplied navigation devices.

   ( 1 ) CableCARD rental fees shall be priced uniformly throughout a
   cable system by such provider without regard to the intended use in
   operator-supplied or consumer-owned equipment. No service fee shall be
   imposed on a subscriber for support of a subscriber-provided device
   that is not assessed on subscriber use of an operator-provided device.

   ( 2 ) For any bundled offer combining service and an operator-supplied
   navigation device into a single fee, including any bundled offer
   providing a discount for the purchase of multiple services, such
   provider shall make such offer available without discrimination to any
   customer that owns a navigation device, and, to the extent the customer
   uses such navigation device in lieu of the operator-supplied equipment
   included in that bundled offer, shall further offer such customer a
   discount from such offer equal to an amount not less than the monthly
   rental fee reasonably allocable to the lease of the operator-supplied
   navigation device included with that offer. For purposes of this
   section, in determining what is “reasonably allocable,” the Commission
   will consider in its evaluation whether the allocation is consistent
   with one or more of the following factors:

   ( i ) An allocation determination approved by a local, state, or
   Federal government entity;

   ( ii ) The monthly lease fee as stated on the cable system rate card
   for the navigation device when offered by the cable operator separately
   from a bundled offer; and

   ( iii ) The actual cost of the navigation device amortized over a
   period of no more than 60 months.

   (c) A cable operator shall not provide misleading information regarding
   the ability of navigation devices to access switched digital channels.

   [ 76 FR 40279 , July 8, 2011]

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