
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: 47USC549]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                  Part III--Franchising and Regulation
 
Sec. 549. Competitive availability of navigation devices


(a) Commercial consumer availability of equipment used to access 
        services provided by multichannel video programming distributors

    The Commission shall, in consultation with appropriate industry 
standard-setting organizations, adopt regulations to assure the 
commercial availability, to consumers of multichannel video programming 
and other services offered over multichannel video programming systems, 
of converter boxes, interactive communications equipment, and other 
equipment used by consumers to access multichannel video programming and 
other services offered over multichannel video programming systems, from 
manufacturers, retailers, and other vendors not affiliated with any 
multichannel video programming distributor. Such regulations shall not 
prohibit any multichannel video programming distributor from also 
offering converter boxes, interactive communications equipment, and 
other equipment used by consumers to access multichannel video 
programming and other services offered over multichannel video 
programming systems, to consumers, if the system operator's charges to 
consumers for such devices and equipment are separately stated and not 
subsidized by charges for any such service.

(b) Protection of system security

    The Commission shall not prescribe regulations under subsection (a) 
of this section which would jeopardize security of multichannel video 
programming and other services offered over multichannel video 
programming systems, or impede the legal rights of a provider of such 
services to prevent theft of service.

(c) Waiver

    The Commission shall waive a regulation adopted under subsection (a) 
of this section for a limited time upon an appropriate showing by a 
provider of multichannel video programming and other services offered 
over multichannel video programming systems, or an equipment provider, 
that such waiver is necessary to assist the development or introduction 
of a new or improved multichannel video programming or other service 
offered over multichannel video programming systems, technology, or 
products. Upon an appropriate showing, the Commission shall grant any 
such waiver request within 90 days of any application filed under this 
subsection, and such waiver shall be effective for all service providers 
and products in that category and for all providers of services and 
products.

(d) Avoidance of redundant regulations

             (1) Commercial availability determinations

        Determinations made or regulations prescribed by the Commission 
    with respect to commercial availability to consumers of converter 
    boxes, interactive communications equipment, and other equipment 
    used by consumers to access multichannel video programming and other 
    services offered over multichannel video programming systems, before 
    February 8, 1996, shall fulfill the requirements of this section.

                           (2) Regulations

        Nothing in this section affects section 64.702(e) of the 
    Commission's regulations (47 C.F.R. 64.702(e)) or other Commission 
    regulations governing interconnection and competitive provision of 
    customer premises equipment used in connection with basic common 
    carrier communications services.

(e) Sunset

    The regulations adopted under this section shall cease to apply when 
the Commission determines that--
        (1) the market for the multichannel video programming 
    distributors is fully competitive;
        (2) the market for converter boxes, and interactive 
    communications equipment, used in conjunction with that service is 
    fully competitive; and
        (3) elimination of the regulations would promote competition and 
    the public interest.

(f) Commission's authority

    Nothing in this section shall be construed as expanding or limiting 
any authority that the Commission may have under law in effect before 
February 8, 1996.

(June 19, 1934, ch. 652, title VI, Sec. 629, as added Pub. L. 104-104, 
title III, Sec. 304, Feb. 8, 1996, 110 Stat. 125.)
