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

   Note 4 to § 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]