§549 Competitive Availability of Navigation Devices

Summary

The Federal Communications Commission must make rules, after talking with industry standard groups, to make sure people can buy set-top boxes, two-way communication gear, and other equipment used to get multichannel TV and related services from manufacturers, stores, or sellers that are not owned by the TV service provider. A TV service company can still sell those devices too, as long as the company shows the device charges separately and does not hide them in service fees. The rules cannot hurt system security or stop a provider from legally stopping service theft. The FCC must temporarily waive a rule if a provider or equipment maker shows the waiver is needed to develop or roll out a new or improved service or technology; the FCC must decide such waiver requests within 90 days and the waiver applies to all providers and products in that category. Earlier FCC decisions made before February 8, 1996 meet these rules. The rules end when the FCC finds the TV service market and the device market are fully competitive and removing the rules would help competition and the public. The rules do not change the FCC’s powers as they existed before February 8, 1996.