Sec.  76.630   Compatibility with consumer electronics equipment.

   (a) Cable system operators shall not scramble or otherwise encrypt signals
   carried on the basic service tier. 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 thirty calendar days from the date the request 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 is on file for public
   inspection at (the address of the cable operator's local place of business).

   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.

   Note 1 to  Sec. 76.630: The provisions of paragraphs (a) and (b) of this section
   are applicable July 31, 1994, and June 30, 1994, respectively.

   Note 2 to  Sec. 76.630:  Sec. 76.1621 contains certain requirements pertaining to a
   cable operator's offer to supply subscribers with special equipment that
   will enable the simultaneous reception of multiple signals.

   Note 3 to  Sec. 76.630:  Sec. 76.1622 contains certain requirements pertaining to the
   provision of a consumer education program on compatibility matters to
   subscribers.

   Note 4 to  Sec. 76.630: Cable operators must comply with the notification
   requirements pertaining to the waiver of the prohibition against scrambling
   and encryption, and comply with the public file requirement in connection
   with such waiver.

   [ 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]