47 U.S.C. § 549 : US Code - Section 549: Competitive availability of navigation devices

Search 47 U.S.C. § 549 : US Code - Section 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.