
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC544a]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                  Part III--Franchising and Regulation
 
Sec. 544a. Consumer electronics equipment compatibility


(a) Findings

    The Congress finds that--
        (1) new and recent models of television receivers and video 
    cassette recorders often contain premium features and functions that 
    are disabled or inhibited because of cable scrambling, encoding, or 
    encryption technologies and devices, including converter boxes and 
    remote control devices required by cable operators to receive 
    programming;
        (2) if these problems are allowed to persist, consumers will be 
    less likely to purchase, and electronics equipment manufacturers 
    will be less likely to develop, manufacture, or offer for sale, 
    television receivers and video cassette recorders with new and 
    innovative features and functions;
        (3) cable operators should use technologies that will prevent 
    signal thefts while permitting consumers to benefit from such 
    features and functions in such receivers and recorders; and
        (4) compatibility among televisions, video cassette recorders, 
    and cable systems can be assured with narrow technical standards 
    that mandate a minimum degree of common design and operation, 
    leaving all features, functions, protocols, and other product and 
    service options for selection through open competition in the 
    market.

(b) Compatible interfaces

                       (1) Report; regulations

        Within 1 year after October 5, 1992, the Commission, in 
    consultation with representatives of the cable industry and the 
    consumer electronics industry, shall report to Congress on means of 
    assuring compatibility between televisions and video cassette 
    recorders and cable systems, consistent with the need to prevent 
    theft of cable service, so that cable subscribers will be able to 
    enjoy the full benefit of both the programming available on cable 
    systems and the functions available on their televisions and video 
    cassette recorders. Within 180 days after the date of submission of 
    the report required by this subsection, the Commission shall issue 
    such regulations as are necessary to assure such compatibility.

                    (2) Scrambling and encryption

        In issuing the regulations referred to in paragraph (1), the 
    Commission shall determine whether and, if so, under what 
    circumstances to permit cable systems to scramble or encrypt signals 
    or to restrict cable systems in the manner in which they encrypt or 
    scramble signals, except that the Commission shall not limit the use 
    of scrambling or encryption technology where the use of such 
    technology does not interfere with the functions of subscribers' 
    television receivers or video cassette recorders.

(c) Rulemaking requirements

                    (1) Factors to be considered

        In prescribing the regulations required by this section, the 
    Commission shall consider--
            (A) the need to maximize open competition in the market for 
        all features, functions, protocols, and other product and 
        service options of converter boxes and other cable converters 
        unrelated to the descrambling or decryption of cable television 
        signals;
            (B) the costs and benefits to consumers of imposing 
        compatibility requirements on cable operators and television 
        manufacturers in a manner that, while providing effective 
        protection against theft or unauthorized reception of cable 
        service, will minimize interference with or nullification of the 
        special functions of subscribers' television receivers or video 
        cassette recorders, including functions that permit the 
        subscriber--
                (i) to watch a program on one channel while 
            simultaneously using a video cassette recorder to tape a 
            program on another channel;
                (ii) to use a video cassette recorder to tape two 
            consecutive programs that appear on different channels; and
                (iii) to use advanced television picture generation and 
            display features; and

            (C) the need for cable operators to protect the integrity of 
        the signals transmitted by the cable operator against theft or 
        to protect such signals against unauthorized reception.

                      (2) Regulations required

        The regulations prescribed by the Commission under this section 
    shall include such regulations as are necessary--
            (A) to specify the technical requirements with which a 
        television receiver or video cassette recorder must comply in 
        order to be sold as ``cable compatible'' or ``cable ready'';
            (B) to require cable operators offering channels whose 
        reception requires a converter box--
                (i) to notify subscribers that they may be unable to 
            benefit from the special functions of their television 
            receivers and video cassette recorders, including functions 
            that permit subscribers--
                    (I) to watch a program on one channel while 
                simultaneously using a video cassette recorder to tape a 
                program on another channel;
                    (II) to use a video cassette recorder to tape two 
                consecutive programs that appear on different channels; 
                and
                    (III) to use advanced television picture generation 
                and display features; and

                (ii) to the extent technically and economically 
            feasible, to offer subscribers the option of having all 
            other channels delivered directly to the subscribers' 
            television receivers or video cassette recorders without 
            passing through the converter box;

            (C) to promote the commercial availability, from cable 
        operators and retail vendors that are not affiliated with cable 
        systems, of converter boxes and of remote control devices 
        compatible with converter boxes;
            (D) to ensure that any standards or regulations developed 
        under the authority of this section to ensure compatibility 
        between televisions, video cassette recorders, and cable systems 
        do not affect features, functions, protocols, and other product 
        and service options other than those specified in paragraph 
        (1)(B), including telecommunications interface equipment, home 
        automation communications, and computer network services;
            (E) to require a cable operator who offers subscribers the 
        option of renting a remote control unit--
                (i) to notify subscribers that they may purchase a 
            commercially available remote control device from any source 
            that sells such devices rather than renting it from the 
            cable operator; and
                (ii) to specify the types of remote control units that 
            are compatible with the converter box supplied by the cable 
            operator; and

            (F) to prohibit a cable operator from taking any action that 
        prevents or in any way disables the converter box supplied by 
        the cable operator from operating compatibly with commercially 
        available remote control units.

(d) Review of regulations

    The Commission shall periodically review and, if necessary, modify 
the regulations issued pursuant to this section in light of any actions 
taken in response to such regulations and to reflect improvements and 
changes in cable systems, television receivers, video cassette 
recorders, and similar technology.

(June 19, 1934, ch. 652, title VI, Sec. 624A, as added Pub. L. 102-385, 
Sec. 17, Oct. 5, 1992, 106 Stat. 1491; amended Pub. L. 104-104, title 
III, Sec. 301(f), Feb. 8, 1996, 110 Stat. 116.)


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-104, Sec. 301(f)(1), added par. 
(4).
    Subsec. (c)(1)(A) to (C). Pub. L. 104-104, Sec. 301(f)(2), added 
subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), 
respectively.
    Subsec. (c)(2)(D) to (F). Pub. L. 104-104, Sec. 301(f)(3), added 
subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), 
respectively.


                             Effective Date

    Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. 
L. 102-385, set out as an Effective Date of 1992 Amendment note under 
section 325 of this title.
