Communications Litigation Today was a service of Warren Communications News.

CEA and Public Knowledge each opposed Charter’s request for a...

CEA and Public Knowledge each opposed Charter’s request for a waiver of the FCC’s CableCARD rules. Charter asked the agency last month for permission to lease set-top boxes with built-in security features while it upgrades its network to handle a downloadable security system for pay-TV programming (CD Nov 5 p10). But even Charter’s downloadable security plans would fail to meet FCC requirements because they include a hardware component to the system -- a chip that must be installed and programmed at the factory -- CEA said. “It is of no consequence that a particular chip is available for license, even on the most advantageous terms, if (1) other cable operators do not use the system that requires it and (2) it does not employ technology that is actually portable across operators,” the CEA said (http://xrl.us/bn4omm). “Except for nomenclature and secondary detail, there is no effective difference between the system for which Charter seeks a waiver and the full integration of conditional access technology,” it said. Instead the FCC should start a new rulemaking on the issue, the CEA said. “The time has come for the FCC to identify a successor common interface that affords device access to all MVPD services,” it said. Public Knowledge echoed some of CEA’s concerns but said it would support CableCARD waivers for cable operators introducing “standards-based home video gateways.” Such deployments could help pave the way for AllVid, it said (http://xrl.us/bn4oms).