§  76.630   Compatibility with consumer electronics equipment.

   (a) Cable system operators shall not scramble or otherwise encrypt
   signals delivered to a subscriber on the basic service tier.

   (1) This prohibition shall not apply in systems in which:

   (i) No encrypted signals are carried using the NTSC system; and

   (ii) The cable system operator offers to its existing subscribers who
   subscribe only to the basic service tier without use of a set-top box
   or CableCARD at the time of encryption the equipment necessary to
   descramble or decrypt the basic service tier signals (the subscriber's
   choice of a set-top box or CableCARD) on up to two television sets
   without charge or service fee for two years from the date encryption of
   the basic service tier commences; and

   (iii) The cable system operator offers to its existing subscribers who
   subscribe to a level of service above "basic only" but use a digital
   television or other device with a clear-QAM tuner to receive only the
   basic service tier without use of a set-top box or CableCARD at the
   time of encryption, the equipment necessary to descramble or decrypt
   the basic service tier signals (the subscriber's choice of a set-top
   box or CableCARD) on one television set without charge or service fee
   for one year from the date encryption of the basic service tier
   commences; and

   (iv) The cable system operator offers to its existing subscribers who
   receive Medicaid and also subscribe only to the basic service tier
   without use of a set-top box or CableCARD at the time of encryption the
   equipment necessary to descramble or decrypt the basic service tier
   signals (the subscriber's choice of a set-top box or CableCARD) on up
   to two television sets without charge or service fee for five years
   from the date encryption of the basic service tier commences;

   (v) The cable system operator notifies its existing subscribers of the
   availability of the offers described in paragraphs (ii) through (iv) of
   this section at least 30 days prior to the date encryption of the basic
   service tier commences and makes the offers available for at least 30
   days prior to and 120 days after the date encryption of the basic
   service tier commences. The notification to subscribers must state:

   On (DATE), (NAME OF CABLE OPERATOR) will start encrypting (INSERT NAME
   OF CABLE BASIC SERVICE TIER OFFERING) on your cable system. If you have
   a set-top box, digital transport adapter (DTA), or a retail CableCARD
   device connected to each of your TVs, you will be unaffected by this
   change. However, if you are currently receiving (INSERT NAME OF CABLE
   BASIC SERVICE TIER OFFERING) on any TV without equipment supplied by
   (NAME OF CABLE OPERATOR), you will lose the ability to view any
   channels on that TV.

   If you are affected, you should contact (NAME OF CABLE OPERATOR) to
   arrange for the equipment you need to continue receiving your services.
   In such case, you are entitled to receive equipment at no additional
   charge or service fee for a limited period of time. The number and type
   of devices you are entitled to receive and for how long will vary
   depending on your situation. If you are a (INSERT NAME OF CABLE BASIC
   SERVICE TIER OFFERING) customer and receive the service on your TV
   without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled
   to up to two devices for two years (five years if you also receive
   Medicaid). If you subscribe to a higher level of service and receive
   (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on a secondary TV
   without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled
   to one device for one year.

   You can learn more about this equipment offer and eligibility at
   (WEBPAGE ADDRESS) or by calling (PHONE NUMBER). To qualify for any
   equipment at no additional charge or service fee, you must request the
   equipment between (DATE THAT IS 30 DAYS BEFORE ENCRYPTION) and (DATE
   THAT IS 120 DAYS AFTER ENCRYPTION) and satisfy all other eligibility
   requirements.

   (vi) The cable system operator notifies its subscribers who have
   received equipment described in paragraphs (a)(1)(ii) through (iv) of
   this section at least 30 days, but no more than 60 days, before the end
   of the free device transitional period that the transitional period
   will end. This notification must state:

   You currently receive equipment necessary to descramble or decrypt the
   basic service tier signals (either a set-top box or CableCARD) free of
   charge. Effective with the (MONTH/YEAR) billing cycle, (NAME OF CABLE
   OPERATOR) will begin charging you for the equipment you received to
   access (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) when (NAME OF
   CABLE OPERATOR) started encrypting those channels on your cable system.
   The monthly charge for the (TYPE OF DEVICE) will be (AMOUNT OF CHARGE).

   (2) Requests for waivers of this prohibition must demonstrate either a
   substantial problem with theft of basic tier service or a strong need
   to scramble basic signals for other reasons. As part of this showing,
   cable operators are required to notify subscribers by mail of waiver
   requests. The notice to subscribers must be mailed no later than 30
   calendar days from the date the request for waiver was filed with the
   Commission, and cable operators must inform the Commission in writing,
   as soon as possible, of that notification date. The notification to
   subscribers must state:

   On (date of waiver request was filed with the Commission), (cable
   operator's name) filed with the Federal Communications Commission a
   request for waiver of the rule prohibiting scrambling of channels on
   the basic tier of service. 47 CFR 76.630(a). The request for waiver
   states (a brief summary of the waiver request). A copy of the request
   for waiver shall be available for public inspection at www.fcc.gov.

   Individuals who wish to comment on this request for waiver should mail
   comments to the Federal Communications Commission by no later than 30
   days from (the date the notification was mailed to subscribers). Those
   comments should be addressed to the: Federal Communications Commission,
   Media Bureau, Washington, DC 20554, and should include the name of the
   cable operator to whom the comments are applicable. Individuals should
   also send a copy of their comments to (the cable operator at its local
   place of business).

   Cable operators may file comments in reply no later than 7 days from
   the date subscriber comments must be filed.

   (b) Cable system operators that provide their subscribers with cable
   system terminal devices and other customer premises equipment that
   incorporates remote control capability shall permit the remote
   operation of such devices with commercially available remote control
   units or otherwise take no action that would prevent the devices from
   being operated by a commercially available remote control unit. Cable
   system operators are advised that this requirement obliges them to
   actively enable the remote control functions of customer premises
   equipment where those functions do not operate without a special
   activation procedure. Cable system operators may, however, disable the
   remote control functions of a subscriber's customer premises equipment
   where requested by the subscriber.

   [ 59 FR 25342 , May 16, 1994, as amended at  61 FR 18510 , Apr. 26, 1996;
    65 FR 53616 , Sept. 5, 2000;  67 FR 1650 , Jan. 14, 2002;  67 FR 13235 ,
   Mar. 21, 2002;  77 FR 67301 , Dec. 10, 2012;  81 FR 10125 , Feb. 29, 2016;
    83 FR 66157 , Dec. 26, 2018]