[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.1621]

[Page 736-737]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
                            Subpart T_Notices
 
Sec.  76.1621  Equipment compatibility offer.

    Cable system operators that use scrambling, encryption or similar 
technologies in conjunction with cable system terminal devices, as 
defined in Sec.  15.3(e) of this chapter, that may affect subscribers' 
reception of signals shall offer to supply each subscriber with special 
equipment that will enable the simultaneous reception of multiple 
signals. The equipment offered shall include a single terminal device 
with dual descramblers/decoders and/or timers and bypass switches. Other 
equipment, such as two independent set-top terminal devices may be 
offered at the same time that the single terminal device with dual 
tuners/descramblers is offered. For purposes of this rule, two set-top 
devices linked by a control system that provides functionality 
equivalent to that of a single device with dual descramblers is 
considered to be the same as a terminal device with dual descramblers/
decoders.
    (a) The offer of special equipment shall be made to new subscribers 
at the time they subscribe and to all subscribers at least once each 
year.
    (b) Such special equipment shall, at a minimum, have the capability:
    (1) To allow simultaneous reception of any two scrambled or 
encrypted signals and to provide for tuning to alternative channels on a 
pre-programmed schedule; and
    (2) To allow direct reception of all other signals that do not need 
to be

[[Page 737]]

processed through descrambling or decryption circuitry (this capability 
can generally be provided through a separate by-pass switch or through 
internal by-pass circuitry in a cable system terminal device).
    (c) Cable system operators shall determine the specific equipment 
needed by individual subscribers on a case-by-case basis, in 
consultation with the subscriber. Cable system operators are required to 
make a good faith effort to provide subscribers with the amount and 
types of special equipment needed to resolve their individual 
compatibility problems.
    (d) Cable operators shall provide such equipment at the request of 
individual subscribers and may charge for purchase or lease of the 
equipment and its installation in accordance with the provisions of the 
rate regulation rules for customer premises equipment used to receive 
the basic service tier, as set forth in Sec.  76.923. Notwithstanding 
the required annual offering, cable operators shall respond to 
subscriber requests for special equipment for reception of multiple 
signals that are made at any time.