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

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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]