47 U.S.C. § 549 — Competitive availability of navigation devices
submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 506 words · no verdicts yet
This section requires the Commission to promote consumers’ access to equipment used with multichannel video programming systems from unaffiliated sellers. It sets security, waiver, existing-regulation, sunset, and authority rules.
(a) Commercial consumer availability. After consulting appropriate industry standard-setting organizations, the Commission must adopt regulations ensuring that consumers can commercially obtain converter boxes, interactive communications equipment, and other equipment used to access multichannel video programming* and other services over multichannel video programming systems from manufacturers, retailers, and other vendors not affiliated with a distributor. The regulations may not stop a distributor from also offering such equipment if its charges for the devices are separately stated and are not subsidized by charges for the services.
(b) Security. The Commission may not adopt regulations under subsection (a) that would endanger the security of those services or interfere with a provider’s legal right to prevent theft of service.
(c) Waiver. For a limited time, the Commission must waive a subsection (a) regulation when a provider or equipment provider appropriately shows that the waiver is needed to help develop or introduce a new or improved service, technology, or product. When appropriately shown, the Commission must grant the request within 90 days after the application. The waiver applies to all providers of services and products in that category.
(d) Avoiding redundant regulations.
(1) A Commission determination or regulation made before February 8, 1996, about consumers’ commercial access to this equipment satisfies this section’s requirements.
(2) This section does not affect 47 C.F.R. 64.702(e) or other Commission rules about interconnection and competitive supply of customer-premises equipment used with basic common-carrier communications services.
(e) Sunset. These regulations stop applying when the Commission determines that the distributor market and the market for converter boxes and interactive communications equipment used with that service are fully competitive, and that removing the regulations would promote competition and the public interest.
(f) Commission authority. This section does not expand or limit any Commission authority that existed under law before February 8, 1996.
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.
The Commission shall not prescribe regulations under subsection (a) 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.
The Commission shall waive a regulation adopted under subsection (a) 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.
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.
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.
The regulations adopted under this section shall cease to apply when the Commission determines that—
the market for the multichannel video programming distributors is fully competitive;
the market for converter boxes, and interactive communications equipment, used in conjunction with that service is fully competitive; and
elimination of the regulations would promote competition and the public interest.
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.
Source credit: (June 19, 1934, ch. 652, title VI, § 629, as added Pub. L. 104–104, title III, § 304, Feb. 8, 1996, 110 Stat. 125.)
- 1934Enacted · Pub. L. 104-104 · 110 Stat. 125
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-104 on 1934-06-19.
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