[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13997-13998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05762]



47 CFR Part 76

[CS Docket No. 97-80; FCC 16-18]

Commercial Availability of Navigation Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.


SUMMARY: The Commission amends a set-top box rule to eliminate a 
requirement that multichannel video programming distributors rely on 
separated security in devices that they sell, lease, or otherwise 
provide to subscribers.

DATES: Effective April 15, 2016.

[email protected], of the Media Bureau, Policy Division, (202) 

SUPPLEMENTARY INFORMATION: Section 106 of the STELA Reauthorization Act 
of 2014, Public Law 113-200, Section 106(a), 128 Stat. 2059, 2063-4 
(2014), states that the ``second sentence of section 76.1204(a)(1) of 
title 47, Code of Federal Regulations, terminates effective on'' 
December 4, 2015. That second sentence is the portion of our rules that 
we commonly refer to as the ``integration ban,'' and it required cable 
operators to rely on identical security elements for leased devices and 
consumer-owned devices. Section 106 goes on to state that by June 1, 
2016, ``the Commission shall complete all actions necessary to remove 
the sentence'' from our rules. With this Order, we remove that sentence 
from our rules.
    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any information collection 
burden for small business concerns with fewer than 25 employees, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4).
    The Commission will send a copy of this Memorandum Opinion and 
Order to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 76

    Administrative practice and procedure; Cable television; Equal 
employment opportunity; Political candidates; Reporting and 
recordkeeping requirements.

    Federal Communications Commission.
Marlene H. Dortch,

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 76 as follows:


1. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

2. Revise Sec.  76.1204 to read as follows:

Sec.  76.1204  Availability of equipment performing conditional access 
or security functions.

    (a)(1) A multichannel video programming distributor that utilizes 
Navigation Devices to perform conditional access functions shall make 
available equipment that incorporates only the conditional access 
functions of such devices.
    (2) The foregoing requirement shall not apply to a multichannel 
video programming distributor that supports the active use by 
subscribers of Navigation Devices that:
    (i) Operate throughout the continental United States, and
    (ii) Are available from retail outlets and other vendors throughout 
the United States that are not affiliated with the owner or operator of 
the multichannel video programming system.
    (b) Conditional access function equipment made available pursuant 
to paragraph (a)(1) of this section shall be designed to connect to and 
function with other Navigation Devices available through the use of a 
commonly used interface or an interface that conforms to appropriate 
technical standards promulgated by a national standards organization.

[[Page 13998]]

    (c) No multichannel video programming distributor shall by 
contract, agreement, patent, intellectual property right or otherwise 
preclude the addition of features or functions to the equipment made 
available pursuant to this section that are not designed, intended or 
function to defeat the conditional access controls of such devices or 
to provide unauthorized access to service.
    (d) Notwithstanding the foregoing, Navigation Devices need not be 
made available pursuant to this section where:
    (1) It is not reasonably feasible to prevent such devices from 
being used for the unauthorized reception of service; or
    (2) It is not reasonably feasible to separate conditional access 
from other functions without jeopardizing security.
    (e) Paragraphs (a)(1), (b), and (c) of this section shall not apply 
to the provision of any Navigation Device that:
    (1) Employs conditional access mechanisms only to access analog 
video programming;
    (2) Is capable only of providing access to analog video programming 
offered over a multichannel video programming distribution system; and
    (3) Does not provide access to any digital transmission of 
multichannel video programming or any other digital service through any 
receiving, decoding, conditional access, or other function, including 
any conversion of digital programming or service to an analog format.

[FR Doc. 2016-05762 Filed 3-15-16; 8:45 am]