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Bureau Seeks Comment On TiVo's Petition For Clarification Or Waiver

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Released: January 15, 2014

PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-46

Released: January 15, 2014

MEDIA BUREAU ACTION

MEDIA BUREAU SEEKS COMMENT ON TIVO’S REQUEST FOR CLARIFICATION OR

WAIVER OF THE AUDIOVISUAL OUTPUT REQUIREMENT OF SECTION 76.640(b)(4)(iii)

CS Docket No. 97-80

Comment Date: February 14, 2014
Reply Comment Date: February 28, 2014

TiVo Inc. (“TiVo”) has filed a petition for clarification or waiver of Section 76.640(b)(4)(iii) of the
Commission’s rules.1 Section 76.640(b)(4)(iii) requires that set-top boxes provided by cable operators
include a digital interface to enable consumers to connect consumer electronics devices that they own to
set-top boxes that they lease from their cable operators for whole-home viewing and recording.2
Specifically, the rule requires cable operators to “ensure that the cable-operator-provided high definition
set-top boxes, except unidirectional set-top boxes without recording functionality, shall comply with an
open industry standard that provides for audiovisual communications including service discovery, video
transport, and remote control command pass-through standards for home networking.”3 TiVo asserts that
the “touchstone” solution for home networking has not been published publicly, and therefore requests
that the Commission extend waiver until “compliance is achievable on an industry-wide basis that
includes TiVo.”4 Alternatively, TiVo requests that we clarify whether the rule is still in effect in the wake
of the D.C. Circuit’s decision in Echostar Satellite, LLC v. FCC.5 We seek comment on TiVo’s request.

1 47 C.F.R. § 76.640(b)(4)(iii).
2 Implementation of Section 304 of the Telecommunications Act of 1996; Commercial Availability of Navigation
Devices
, 25 FCC Rcd 14657, 14677-9, ¶¶ 39-44 (2010).
3 In response to a request for waiver from TiVo in 2012, the Media Bureau granted a waiver of this rule until June 2,
2014 (and until September 2, 2014 for small cable operators). TiVo Inc.’s Request for Clarification and Waiver of
the Audiovisual Output Requirement of Section 76.640(b)(4)(iii)
, 27 FCC Rcd 14875 (MB 2012).
4 TiVo Petition at 3-4.
5 TiVo Petition at 2, 4, nn.4 & 5 (citing Echostar Satellite, LLC v. FCC, 704 F.3d 992 (D.C. Cir. 2013)). In
Echostar Satellite, LLC v. FCC, the D.C. Circuit vacated two Commission orders: Implementation of Section 304
of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices
, Second Report and Order
and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 20885 (2003) (“Second R&O”), and
Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation

This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules.6
As a result of the permit-but-disclose status of this proceeding, ex parte presentations will be governed by
the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-restricted
proceedings.7
Comments and oppositions are due

February 14, 2014

. Petitioner’s reply is due

February 28, 2014

. All
filings must be submitted in CS Docket No. 97-80. Pleadings sent via e-mail to the Commission will be
considered informal and will not be part of the official record. Interested parties will have access to
comments online through the Commission’s Electronic Comment Filing System (ECFS), and therefore
we waive the requirements of Sections 76.7(b)(1) and 76.7(c)(1) that comments and oppositions be served
on interested parties.8
Comments may be filed using: (1) (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by
filing paper copies.9
Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS:
http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the website for submitting comments.
For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal
service mailing address, and the applicable docket number: CS Docket No. 97-80. Parties may also
submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail
to ecfs@fcc.gov, and include the following words in the body of the message: “get form”. A sample form
and instructions will be sent in response.
Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office
of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building. The filing hours are 8:00 a.m. to 7:00 p.m.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent
to 9300 East Hampton Drive, Capitol Heights, MD 20743.

Devices, Order on Reconsideration, 18 FCC Rcd 27059 (2003). The Commission adopted Section 76.640 in the
Second R&O, but subsequently modified it in 2010. Implementation of Section 304 of the Telecommunications Act
of 1996: Commercial Availability of Navigation Devices
, Third Report and Order and Order on Reconsideration, 25
FCC Rcd 14657, 14677-14679, ¶¶ 39-44 (2010). TiVo asks us to clarify whether the modified language in Section
76.640 is still in effect.
6 See 47 C.F.R. §§ 1.1200-1.1216.
7 47 C.F.R. § 1.1206.
8 47 C.F.R. §§ 76.7(b)(1), 76.7(c)(1).
9 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322, 11326, para. 8 (April 6, 1998).
2

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW,
Washington DC 20554.
One copy of each pleading must be sent to Brendan Murray, Media Bureau, Room 4-A726, 445 12th
Street, S.W., Washington, D.C. 20554 or Brendan.Murray@fcc.gov.
Copies of the Waiver Request and any subsequently filed documents in this matter are also available for
inspection in the Commission’s Reference Information Center:
445 12th Street, S.W., Room CY-B402
Washington, D.C. 20554
(202) 418-0270
Alternate formats of this Public Notice (computer diskette, large print, audio recording, or Braille) are
available to persons with disabilities by contacting the Consumer and Governmental Affairs Bureau at
(202) 418-0530 or (202) 418-7365 (TTY).
For further information, contact Brendan Murray of the Media Bureau, (202) 418-2120. Press inquiries
should be directed to Janice Wise, (202) 418-8165 or Janice.Wise@fcc.gov. TTY: (202) 418-7172 or
(888) 835-5322.
-FCC-
3

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