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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number EB-07-SE-352
Oceanic Time Warner Cable, )
NAL/Acct. No. 200932100002
a division of Time Warner Cable, Inc. )
FRN 0018049841
Oceanic Kauai Cable System )
)
ERRATUM
Released: February 13, 2009
By the Chief, Enforcement Bureau:
1. On January 19, 2009, the Enforcement Bureau released a Forfeiture
Order, DA 09-123, in the above captioned proceeding. This Erratum corrects
footnote 55 to read as follows:
"Navigation Devices Order, 13 FCC Rcd at 14789."
2. This Erratum also corrects paragraph 18 to read as follows:
"Finally, we disagree with TWC's claims that there is no record support
for the allegation that as a result of the deployment of SDV, UDCPs lose
certain functions, such as picture-in-picture, and that the NAL does not
take the balanced approach to equipment compatibility that is required by
Section 624A. Section 624A of the Act expressly mandates that the
Commission "minimize interference with or nullification of the special
functions of subscriber's television receivers or video cassette
recorders," and thus ensures the full compatibility of these devices with
the cable system. The deployment of SDV and the requirement that a
customer use a company-supplied set top box to view the now switched
channels, negates whatever functionalities were available in the UDCP for
those of the company-supplied set-top box. The Commission received
numerous complaints from affected consumers. For instance, some cable
operators have migrated linear HD programming to an SDV format, thus
rendering useless the high definition capability of the navigation device.
In addition, many complaints from consumers indicate that SDV deployment
has affected their use of TiVo. One of TiVo's main features is the ability
to watch one program while recording another (i.e., TiVo Series 3 was
designed with two CableCARD slots - one single-stream CableCARD ("S-Card")
to decrypt the programming that the TiVo is recording, and another S-card
to decrypt the programming that the TiVo is displaying). The functionality
of TiVo is lost with the use of the company-supplied set-top box, which
has its own built-in functionality."
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
TWC Response at 17-20.
47 U.S.C. S: 544a(c)(1)(B).
Federal Communications Commission DA 09-94
2
Federal Communications Commission