What is the Cable Card law?

[jludman]

I've RTFG quite a bit, and I can't actually find out what the law about cable companies providing cablecards is. I apologize if this is a repeat, but I have tried my best to find this information in this forum.

There are many many articles describing the law. Some say that cable card_s_ must be provided for free by the cable company, some say _a_ cable card must be provided, and some say they must be "offer[ed] to consumers at only a 'nominal fee'".

My cable company will provide me with 1 free cable card if I don't rent any of their HD equipment. Additional ones come with a monthly fee.

While my cable companies "nominal fee" might not be that much per month, it is significant enough to deter me from buying an S3 and transferring my lifetime membership (it'll take 9 years instead of 6 to recoup my costs).

Can anyone point out the text of the "law" about providing cable cards?

If some cable companies are in violation, is TiVo fighting to demand what the law states?

cheers,
-jj

[classicX]

What is the CableCard law?

There are two:

1) Thou shalt not make it easy for the customer to obtain CableCards.

2)If all else fails, charge for it.

[Gregor]

The "law" as I think you're referring to it is the 1996 Telecommunications Act.

Here's a link to it, it's massive.

http://www.fcc.gov/telecom.html

[jludman]

The "law" as I think you're referring to it is the 1996 Telecommunications Act.

Here's a link to it, it's massive.


Thanks, and wow, that is big. The intent of that document is to promote competition, so it really ought to be where the cablecard regulations are. However, I couldn't find the word "card" anywhere in it, so I'm stumped. Maybe the terminology was different in '96.

Anyhow, shouldn't TiVo help fight for my rights? Are they doing anything?

cheers,
-jj

[classicsat]

They need to provide cards for your cablecard approved equipment.
They have the right to charge you a nominal fee to acquare/install them, and any monthly hardware or authorisation fees for them.

Now, I don't know for sure if they are allowed to restrict you to one based on availablility, but they surely cannot restrict them if your device needs two.

[sommerfeld]

Thanks, and wow, that is big. The intent of that document is to promote competition, so it really ought to be where the cablecard regulations are. However, I couldn't find the word "card" anywhere in it, so I'm stumped. Maybe the terminology was different in '96.

so typically, the law authorizes the FCC (in this case) to enact regulations, and the regulations have the nitty-gritty details of what is and isn't required; US federal regulations are in the "Code of Federal Regulations".

I went hunting through plausible CFR sections, found stuff that looked close but didn't find any "must issue" requirements. they are, no doubt, buried in there somewhere.

[bicker]

CFR Title 47, Part 76.640, paragraphs (b)(1) through (b)(3) inclusive, state that most cable system operators have to provide Point of Deployment Cards (i.e. "CableCARDS") to their customers to enable their unidirectional devices and exactly what services those cards must provide.

[dswallow]

CFR Title 47, Part 76.640, paragraphs (b)(1) through (b)(3) inclusive, state that most cable system operators have to provide Point of Deployment Cards (i.e. "CableCARDS") to their customers to enable their unidirectional devices and exactly what services those cards must provide.
TXT: http://edocket.access.gpo.gov/cfr_2005/octqtr/47cfr76.640.htm
PDF: http://edocket.access.gpo.gov/cfr_2005/octqtr/pdf/47cfr76.640.pdf

Index of Title 47: http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr76_05.html

[petew]

Also when searching be aware that Point of Deployment Cards are often abbreviated to POD or PODS

[jludman]

CFR Title 47, Part 76.640, paragraphs (b)(1) through (b)(3) inclusive, state that most cable system operators have to provide Point of Deployment Cards (i.e. "CableCARDS") to their customers to enable their unidirectional devices and exactly what services those cards must provide.

Bingo - thanks!

"(3) Cable operators shall ensure, as to all digital cable systems,
an adequate supply of PODs that comply with the standards specified in
paragraph (b)(2) of this section to ensure convenient access to such
PODS by customers. Without limiting the foregoing, cable operators may
provide more advanced PODs (i.e., PODs that are based on successor
standards to those specified in paragraph (b)(2) of this section) to
customers whose unidirectional digital cable products are compatible
with the more advanced PODs."

where POD = cable card.

Well, based on that I can see why there is confusion. Apparently Comcast thinks 1 POD is "adequate" and 0 is adequate if I am renting a cable box already. It also doesn't specify "free" anywhere, so I suppose that's why lots of articles say that there can be a "nominal" charge. Unfortunately, my definition of nominal and Comcast's are quite different :(.

thanks,
-jj

[bicker]

This doesn't apply to you, as a Comcast customer, but folks from other areas should continue reading -- later in the regulation it outlines how your cable company can get excluded from these requirements.

There is no requirement for "free" -- it simply needs to be a nominal charge. Comcast's prices here in MA for CableCard are very fair: The first one is free, and the second is just a few dollars I think.

[sommerfeld]

Apparently Comcast thinks 1 POD is "adequate" and 0 is adequate if I am renting a cable box already.
That's why I'm waiting for one or more of:
* multistream cards from Comcast
* FiOS TV availability in my town
* sufficient energy to punt Comcast and try RCN until FiOS TV shows up.

[Thanatox]

DO Not advertise Cablecard.

[Bodshal]

That's why I'm waiting for one or more of:
* multistream cards from Comcast
* FiOS TV availability in my town
* sufficient energy to punt Comcast and try RCN until FiOS TV shows up.

When I lived in Arlington,MA I always had very good things to say about RCN. That was a handful of years ago though, when Comcast was still called AT&T there.

Chris.