Cinnamon Mueller Client Updates

 

FCC Grants Adams Cable Equipment Waiver to Sell Refurbished Integrated Set-Top Boxes

Last week, the FCC’s Media Bureau released an Order exempting integrated set-top boxes refurbished by Adams Cable Equipment (“ACE”) from the FCC’s general ban on deploying set-top boxes with integrated security.  Under the Order, cable operators may deploy integrated set-top boxes purchased from ACE’s existing inventory of 50,000 refurbished set-top boxes.

            Cable operators that wish to take advantage of this waiver must file a declaration in CS Docket No. 97-80 committing to certain activation, support, and consumer notification conditions at least 30 days before deploying any refurbished, integrated set-top boxes purchased from ACE. 

Cable operators are also prohibited from charging any service or rental fees in conjunction with their provision of the set-top boxes.

            Background.  In March 2010, the FCC’s Media Bureau granted Baja Broadband (“Baja”) a waiver of the FCC’s integration ban for all set-top boxes purchased from third-party vendors of refurbished boxes as long as the refurbishing company and Baja complied with certain conditions.  The Bureau based the waiver on Baja’s extraordinary financial hardship and its commitment to support the commercial availability of a retail alternative to leased set-top boxes.   

In light of the Baja waiver, ACE filed a petition requesting waiver of the integration ban on behalf of any cable operator that purchased refurbished set-top boxes from ACE.   In its petition, ACE argued that extending the consumer benefits on which the Bureau based the Baja Waiver Order to cable operators and consumers nationwide would serve the public interest.

Order.  The FCC’s Media Bureau found good cause to grant cable operators a limited, conditional waiver of the integration ban with respect to ACE’s refurbished set-top boxes.  The Bureau conditioned relief on cable operators’ compliance with conditions similar to those it imposed on Baja.  In addition, ACE is required to also offer its refurbished, integrated set-top boxes for sale directly to the public, and must report sales data to the FCC.

Conditions on Cable Operators Deploying Refurbished Integrated Set-Top Boxes.  Cable operators that wish to take advantage of the ACE waiver must file a declaration in CS Docket No. 97-80 at least 30 days before the cable operator deploys its first refurbished, integrated ACE set-top box, and commit to the following activation, support, and consumer notification conditions:

  • The cable operator must publicly commit to allow ACE to sell the same set-top boxes directly to the cable operator’s subscribers, and commit to activate and support those devices.
  • At least 30 days before deploying the first integrated set-top box purchased from ACA, the cable operator must notify all of its subscribers that they can purchase set-top boxes directly from ACE.

The declaration and subscriber notice must also contain certain specific language detailed in the Order. 

 

If you have any questions about the ACE waiver, or set-top boxes in general, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com, or Elvis Stumbergs at (202) 872-6881 or estumbergs@cinnamonmueller.com,

 

FCC Reminds Cable Operators of EEO Form 396-C Filing Deadline

 

Notice Lists Cable Operators Who Must File Supplemental Investigation Sheet

 

On July 31, 2013, the Media Bureau released a Public Notice reminding multichannel video programming distributors (“MVPDs”), including cable operators, that Form 396-C, the FCC’s MVPD Equal Employment Opportunity (“EEO”) Program Annual Report, must be submitted electronically by midnight on September 30, 2013.  To file Form 396-C, login to the Media Bureau’s CDBS Electronic Filing System.

The Public Notice also lists the cable operators that the FCC randomly selected to file a Supplemental Investigation Sheet along with their Form 396-C.  For this year’s filing, Supplemental Investigation Sheet filers must:

  • Include one job description for employees in the category “Technicians” in Part I of the form.
  • Answer questions 4, 7, and 8 in Part II of the form:

à    Explain the employment unit’s efforts to promote in a nondiscriminatory manner to positions of greater responsibility.

à    Describe the responsibility of each level of the employment unit’s management with respect to application and enforcement of its EEO policy and explain the procedure for review and control of managerial and supervisory performance.

à    Describe the manner in which the employment unit conducts its continuing review of job structure and employment practices. 

  • Attach, as Part III, a copy of the unit’s EEO public file report created in 2013 covering the previous 12 months.

If you have any questions about EEO compliance, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

 

Copyright Forms and Fees Due August 29, 2013

 

Cable operators must file with the U.S. Copyright Office their Statement of Accounts (Form SA1-2 or SA3) and pay any royalty fees due for the January 2013 – June 2013 accounting period by August 29, 2013. The following forms apply:

  • SA1-2 Short Form. For use by cable systems with semiannual gross receipts of less than $527,600. 
  • SA3 Long Form. For use by cable systems with semiannual gross receipts of $527,600 or more.

Copyright royalty fees must be remitted by electronic payment.  If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or hschmid@cinnamonmueller.com.

 

FCC Form 477 Due September 3, 2013

The next Form 477 filing is due September 3, 2013 – the normal September 1st deadline falls on a Sunday, and Monday, September 2nd, is a federal holiday (Labor Day).  For this filing, filers must report data as of June 30, 2013.  More information about the Form 477 and Census tracts is available online:

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

view all client updates