§ 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. (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.