converter boxes for cable tv - in MA

[cableguy]

Is there really a Section 629 of the Telecommunications Act of 1996?
I'm considering becoming a distributor of cable converter/descramblers, however I'm not certain that they are legal. I've found reference to the "Telecommunications Act of 1996" which supposedly makes it legal to make, sell, and buy converter equipment, however it still can't be used for an illegal reason (such as to steal scrambled cable signal without paying). There ARE legitimate uses for these boxes. A good analogy is comparison to guns and knives: they have some legitimate uses, but the end-user can't use them in ways that are illegal (like stabbing or shooting someone). I found reference to
"SEC.629. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.
(a) COMMERCIAL 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 the 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."
However, I can't find Sec 629 in the Telecommunications Act online.
Does this Sec 629 really exist?
Are the analogies appropriate?

 

[I AM ALWAYS LIABLE]

My response:

Yes, Gloria, there really is a Santa Clause . . . er, yes there apparently is such a section; and here's the text:

And, you can find it here: http://www.technologylaw.com/act.html#tit6


'SEC. 629. 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) 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) 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 the date of enactment of the Telecommunications Act of 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 the date of enactment of the Telecommunications Act of 1996.'.

IAAL

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