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Comment Sought On Enseo's Waiver Request

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Released: July 11, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1103

Released: July 11, 2012




MB Docket No. 12-188

Comment Date: July 31, 2012
Reply Comment Date: August 10, 2012

Enseo Inc. (“Enseo”) has filed a petition requesting that the Commission waive certain “Cable
Ready” certification, marketing, and labeling rules as they pertain to Enseo’s CableCARD-compatible
set-top boxes.1 The HD4000 series set-top box is a CableCARD-enabled set-back box, designed
specifically for hotels and other commercial and governmental customers rather than the general public.2
Enseo seeks waiver of four of the Commission’s rules that are intended to properly inform consumers
about the functionality of the equipment they are purchasing. Specifically, Enseo requests waiver with
respect to the HD4000 series of: (1) Section 15.118(b), which requires cable-ready consumer electronics
equipment to be capable of receiving analog NTSC channels 1 through 125,3 (2) Section 15.123(b)(1),
which requires all unidirectional digital cable products to be capable of tuning NTSC channels transmitted
in the clear, (3) Section 15.123(c), which outlines tests and standards that unidirectional digital cable
products must satisfy before going to market, and (4) Section 15.123(d), which requires post-sale
documentation to state that the product can receive analog basic programming.4 Enseo claims that these
compatibility and consumer protection measures should not be applicable to the HD4000 because it will
only be available for sale to sophisticated corporate and governmental purchasers, and that Enseo will
clearly describe the services with which the HD4000 is compatible.5 We seek comment on Enseo’s
request for waiver of Sections 15.118(b), 15.123(b)(1), 15.123(c), and 15.123(d) with respect to its
HD4000 product.
This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex
parte rules. See 47 C.F.R. § § 1.1200, 1.1206. As a result of the permit-but-disclose status of this

1 Enseo Petition at 1-5.
2 Enseo Petition at 2.
3 NTSC, the National Television System Committee broadcasting standard, is the analog television system used by
analog cable systems and certain low-power, Class A, and translator over-the-air stations.
4 See 47 C.F.R. §§ 15.118(b), 15.123(b)(1), 15.123(c), and 15.123(d).
5 Enseo Petition at 5-9.

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.6
Interested parties may file comments on or before

July 31, 2012

and reply comments on or before

August 10, 2012

. All filings must reference

MB Docket No. 12-188

. Comments sent via email to the
Commission will be considered informal and will not be part of the official record. Comments may be
filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal
Government’s eRulemaking Portal, or (3) by filing paper copies.7
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: or the Federal eRulemaking Portal: 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:

Docket No. 12-188

. Parties may also submit an electronic comment by Internet e-mail.
To get filing instructions, filers should send an e-mail to, 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 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. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
hand deliveries must be held together with rubber bands or fasteners. Any envelopes must
be disposed of before entering the building.
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.
U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed
to 445 12th Street, S.W., Washington, D.C. 20554.
All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. Parties
should also send a copy of their filing to Brendan Murray, Media Bureau, Room 4-A737, 445 12th Street,
S.W., Washington, D.C. 20554 or Parties must also serve one copy with the
Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W.,
Room CY-B402, Washington, D.C. 20554, (202) 488-5300, or via e-mail to
Documents in

MB Docket No. 12-188

are available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals II, 445 12th St., S.W., Room
CYA257, Washington, DC 20554, telephone (202) 418-0270. They may also be purchased from the

6 47 C.F.R. § 1.1206.
7 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322, 11326, ¶ 8 (1998).

Commission’s copy contractor, Best Copy and Printing, Inc., telephone (202) 488-5300, facsimile (202)
488-5563, or via email at
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
For further information, contact Brendan Murray, (202) 418-1573. Press inquiries should be
directed to Janice Wise, (202) 418-8165.

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