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DA 11-1373
August 8, 2011
Enforcement Advisory No. 2011-09
CABLECARDS
ENFORCEMENT BUREAU ADVISES CABLE OPERATORS
TO TAKE AFFIRMATIVE STEPS TO COMPLY WITH NEW CABLECARD RULES
On August 8, 2011, new rules governing "CableCARDs" take effect. A
CableCARD allows a consumer to access cable programming using a digital
cable-ready television set or a retail set-top box ("navigation device")
instead of renting a set-top box from a cable operator. Cable operators
must provide subscribers with CableCARDs upon request. Over the years, the
Commission has received a variety of complaints from consumers concerning
their efforts to obtain and use CableCARDs. The Commission adopted new
rules to improve consumers' experience with retail CableCARD devices. The
new rules require cable operators to provide accurate information about
retail set-top boxes and ensure that consumers are treated similarly,
whether they choose to buy a retail device or rent a device from their
cable provider.
This Enforcement Advisory underscores the Commission's commitment to
"strictly enforce our navigation device rules in order to ensure proper
support for CableCARD devices." We encourage cable operators to review
their policies, procedures, and operations to ensure that they comply with
the rules. The Enforcement Bureau will review complaints carefully to
determine if cable systems comply with the rules.
What are cable operators required to do? Beginning August 8, 2011, cable
operators must:
* Provide accurate information about the capability of retail
CableCARD-compatible devices. Cable operators must not mislead their
customers regarding the ability of retail CableCARD-compatible devices
to tune switched digital channels. See 47 C.F.R. S: 76.1205(c).
* Discount packaged services for subscribers who do not rent devices.
Cable operators must reduce the price of programming packages that
include set-top box rentals by the cost of the set-top box rental for
customers who use retail devices. See 47 C.F.R. S: 76.1205(b)(5).
* Price CableCARDs uniformly and disclose fees prominently. Cable
operators must price CableCARD rental fees uniformly across a cable
system whether the CableCARD is used in a leased set-top box or a
retail device. Cable operators must separately and conspicuously
disclose CableCARD fees, in writing, at the time of installation of
service and annually, as well as on their websites (in a manner that
is readily accessible to the public) or billing inserts. At a
subscriber's request, they also must provide such information orally
or in writing. See 47 C.F.R. S:S: 76.1205(b)(5), 76.1602(b).
* Not impose discriminatory fees on retail CableCARD-compatible devices.
Cable operators must not assess service fees on consumer-owned devices
that they do not assess on leased devices. See 47 C.F.R. S:
76.1205(b)(5). This rule ensures that "cable operators are not
subsidizing the costs of their set-top boxes via service charges and
will serve to allow consumers to compare the costs involved in
choosing between purchasing or leasing a navigation device."
* Permit self-installation of CableCARDs. Cable operators that permit
their subscribers to self-install any equipment must also allow
subscribers to self-install CableCARDs beginning August 8, 2011. Cable
operators that do not currently permit self-installation of any
equipment must allow self-installation of CableCARDs beginning
November 1, 2011. See 47 C.F.R. S: 76.1205(b)(1).
* In any professional installation, arrive with the correct number of
functioning CableCARDs. The new rules address consumer complaints that
CableCARD installations often require multiple appointments because
installers arrive without the requested number of functional
CableCARDs. Technicians now must arrive with at least the number of
CableCARDs requested by the subscriber. Cable operators also must make
good-faith efforts to (i) ensure that all CableCARDs delivered to
customers or brought to professional installation appointments are in
good working condition and compatible with their subscribers' devices,
and (ii) allow subscribers to request CableCARDs using the same
methods that subscribers can use to request leased set-top boxes. See
47 C.F.R. S: 76.1205(b)(3).
* Provide multi-stream CableCARDs. Cable operators must provide
multi-stream CableCARDs by default, unless a subscriber expressly
requests a single-stream CableCARD. See 47 C.F.R. S: 76.1205(b)(2).
* Ensure access to all linear channels. Consumers have identified
problems accessing switched digital channels on their retail
CableCARD-compatible devices. Cable operators must ensure that
subscribers can use their retail devices to access all of the linear
channels that comprise the cable package to which they subscribe.
Operators also must ensure that retail devices can tune at least four
simultaneous channels, or as many switched digital channels as that
operator's most sophisticated operator-supplied set-top box, whichever
is greater. See 47 C.F.R. S: 76.1205(b)(4).
Need More Information? For more information regarding compliance with and
enforcement of the CableCARD rules, email the Enforcement Bureau at
CableCARDEnf@fcc.gov or call 202-418-1160. Complaints may be filed online
at www.fcc.gov/complaints. Additional information about CableCARDs and
consumers' rights is available at
www.fcc.gov/guides/cablecard-know-your-rights and at
http://www.fcc.gov/guides/digital-cable-compatibility-cablecard-ready-devices.
Please direct media inquiries to David Fiske at 202-418-0513 or
david.fiske@fcc.gov.
To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY). You may also contact the
Enforcement Bureau on its TTY line at 202-418-1148 for further information
about this Enforcement Advisory, or the FCC on its TTY line at
1-888-Tell-FCC (1-888-835-5322).
Issued by: Chief, Enforcement Bureau
-FCC-
CableCARDs are referred to in the Federal Communications Commission's
rules as point-of-deployment modules ("PODs"). See, e.g., 47 C.F.R. S:
76.640(b).
The rule sections affected by the amendments include 47 C.F.R. S:S:
76.640, 76.1201-05, and 76.1602. As described below, the requirement to
permit self-installation takes effect for some cable operators on November
1, 2011.
See Implementation of Section 304 of the Telecommunications Act of 1996,
Third Report and Order and Order on Reconsideration, 25 FCC Rcd 14657,
14672 P: 28 (2010) (Commercial Availability of Navigation Devices Third
Report and Order), Order on Reconsideration, 26 FCC Rcd 791 (2011)
(Commercial Availability of Navigation Devices Order on Reconsideration),
Erratum, DA 11-1117 (rel. June 28, 2011).
The discounted amount must be no less than the monthly rental fee
reasonably allocable to the lease of the operator-supplied device included
in the programming package. 47 C.F.R. S: 76.1205(b)(5)(D).
This rule applies only when consumers use their retail
CableCARD-compatible device to receive video services provided by their
cable operator. See Commercial Availability of Navigation Devices Order on
Reconsideration, 26 FCC Rcd at 792 P: 4.
Commercial Availability of Navigation Devices Third Report and Order, 25
FCC Rcd at 14668-69 P: 19. See also 47 U.S.C. S: 549(a).
Cable operators may decline requests for self-installation if neither the
manufacturer nor the vendor of the retail CableCARD-compatible device
provides installation instructions and a toll-free telephone number for
product support, but only for so long as such instructions and toll-free
number are not provided. See 47 C.F.R. S: 76.1205(b)(1)(A).
See Commercial Availability of Navigation Devices Third Report and Order,
25 FCC Rcd at 14672 P: 27.
See id. at 14671 P: 25.
See id. at 14665-67 P:P: 13-14.
See id. at 14666-67 P: 14. The term "linear programming" is generally
understood to refer to video programming that is prescheduled by the
programming provider, i.e., channels other than on-demand programming.
Linear programming includes premium channels and channels delivered by
switched digital technology.
Page 2 of 2
PUBLIC NOTICE
Page 1of 2
PUBLIC NOTICE
FCC ENFORCEMENT ADVISORY
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554