47-U.S.C.-549
§549 – Competitive Availability of Navigation Devices
Pathway
Title 47 > Chapter 5 > Subchapter V-A > Part III > Section 549
Details
- Reference: Section 549
- Legend: §549 – Competitive Availability of Navigation Devices
- USCode Year: 2013
Provision Content
(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 operators 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 Commissions 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) Commissions 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, §629, as added Pub. L. 104–104, title III, §304, Feb. 8, 1996, 110 Stat. 125.)
U.S. Encyclopedia of Law Coverage
Part II – Use of Cable Channels and Cable Ownership Restrictions in the Legal Encyclopedia: Wire or Radio Communication
In this entry about Part II – Use of Cable Channels and Cable Ownership Restrictions, find legal reference material, bibliographies and premiere content related to wire or radio communication in the American Encyclopedia of Law, presenting a comprehensive view of the United States wire or radio communication-specific issues, written by authorities in the field.
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