Skip to content
DWT logo
People Expertise Insights
About Locations Careers
Search
People
Expertise
Insights
About
Locations
Careers
Search
Advisories
Communications

Advisability of Seeking a Waiver from an FCC Rule Requiring Unbundling of Decoder/Converter Box Security Components

05.24.00
Share
Print this page

Some cable operators and other multichannel video programming distributors (“MVPDs”) may wish to act now to petition the Federal Communications Commission for a waiver from a new rule that governs their provisioning of digital navigation devices that descramble scrambled analog signals (i.e., hybrid digital-analog decoder/converter boxes). The new rule, 47 C.F.R. § 76.1204, takes effect July 1, 2000 and requires MVPDs to make hybrid navigation device security components available to consumers separately from other hybrid navigation device components. The rule is causing hardship to many MVPDs deploying hybrid navigation devices because it requires MVPDs to provide separate analog security components for navigation devices, despite the lack of a commercially practicable standard for such components.

Many operators deploying hybrid navigation devices plan to effectively comply with the rule by double-running their scrambled analog signals in the digital tier. However, in markets where there is insufficient bandwidth, operators may find that strategy to be commercially impracticable. Two of the largest cable operators have filed for waivers from the rule for some of their systems until they complete system rebuilds that will generate sufficient bandwidth for double-running of the scrambled analog tier, and other cable operators are expected to follow suit. The National Cable Television Association has also advised its members adversely affected by the rule to petition the FCC for a waiver.

Cable operators should assess their own situations to determine if requesting a waiver of the rule is prudent. While there is no deadline to petition the FCC for a waiver, the benefits of filing a petition will be greatest prior to the effective date of the new rule. Potential penalties for violation of the navigation devices rule include FCC forfeiture penalties of up to $27,500 per day if a violation is determined to be willful. In addition, local franchising authorities could seek to capitalize on the appearance of operator noncompliance with an FCC rule.

We have prepared navigation devices rule waiver petitions and can assist operators in deciding whether filing such a petition is prudent and, if so, in preparing it.

Related Articles

DWT logo
©1996-2022 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
NAVIGATE
Home People Expertise Insights
About Locations Careers Events Blogs
STAY CONNECTED

Subscribe to stay informed.

Subscribe
Employees
DWT Collaborate
EEO
Affiliations
Legal notices
Privacy policy
©1996-2022 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
Close
Close

CAUTION - Before you proceed, please note: By clicking “accept” you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us.