**DA 06-2543**

**Released: December 18, 2006**

**MEDIA BUREAU ACTION**

**REQUEST FOR WAIVER OF 47 C.F.R. § 76.1204(a)(1) FILED**

**WITH THE COMMISSION**

**CSR-7078-Z Docket No. 97-80**

**Comment Date: January 8, 2007**

**Reply Comment Date: January 18, 2007**

Cablevision Systems Corporation ("Cablevision" or "Petitioner") has
filed a request pursuant to Section 629(c) of the Communications Act of
1934, as amended,[^1] and Sections 1.3, 76.7, and 76.1207 of the
Commission's rules,[^2] for limited waiver of the prohibition set forth
in Section 76.1204(a)(1) of the Commission's rules on offering
navigation devices that perform both conditional access and other
functions.[^3] Cablevision seeks either (1) a clarification that
navigation devices that rely upon separate security other than
CableCARDs -- specifically, SmartCards, a separable-security conditional
access system developed by NDS Group plc -- are not "integrated devices"
for purposes of Section 76.1204(a)(1),[^4] or (2) a waiver that will
allow Cablevision to continue to place in service navigation devices
that utilize SmartCards after July 1, 2007.[^5] Cablevision notes that
it is the only cable operator currently providing a separate-security
solution for all of its digital set-top boxes.[^6] The Petitioner also
asserts that the SmartCard-based conditional access solution it employs
supports consumer use of CableCARD-ready consumer electronics
devices.[^7] Cablevision therefore argues that strict compliance with
the integration ban through the addition of CableCARD slots to its
SmartCard-enabled digital set-top boxes "would divert substantial
financial, technical and human resources from \[its\] effort to deliver
new and improved services" without furthering the Commission's goals
under Section 629.

This proceeding will be treated as "permit but disclose" for purposes of
the Commission's *ex parte* rules.[^8] 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.[^9]

Comments and oppositions are due January 8, 2007. All filings should
refer to the case identifier, CSR-7078-Z, and CS Docket No. 97-80 and
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. Comments and oppositions filed must indicate that they
have been served on Petitioner. All comments and oppositions must be
served on Petitioner:

> Michael E. Olsen
>
> Vice President, Legal and Regulatory Affairs
>
> Cablevision Systems Corporation
>
> 1111 Stewart Avenue
>
> Bethpage, New York 11714

Petitioner's reply is due January 18, 2007.

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.[^10]

Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS:
[http://www.fcc.gov/cgb/ecfs/](http://www.fcc.gov/e-file/ecfs.html) or
the Federal eRulemaking Portal:
[http://www.regulations.gov](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 (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. 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 12^th^ Street, SW, Washington, D.C. 20554.

One copy of each pleading must be sent to Brendan Murray, Media Bureau,
Room 4-C841, 445 12^th^ 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 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092

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) 418-1573. Press inquiries should be directed to Rebecca Fisher of
the Media Bureau, (202) 418-2359. TTY: (202) 418-7172 or (888) 835-5322.

-FCC-

[^1]: 47 U.S.C. § 549(c).

[^2]: 47 C.F.R. §§ 1.3, 76.7, 76.1207.

[^3]: *See* Cablevision's Request for Waiver of 47 C.F.R. §
    76.1204(a)(1) (filed Nov. 27, 2006) ("Waiver Request").

[^4]: Section 76.1204(a)(1) of the Commission's rules states that,
    "\[c\]ommencing on July 1, 2007, no multichannel video programming
    distributor subject to this section shall place in service new
    navigation devices for sale, lease, or use that perform both
    conditional access and other functions in a single integrated
    device." 47 C.F.R. § 76.1204(a)(1). In 1998, the Commission
    determined that, beginning July 1, 2000, cable operators must
    provide separate-security equipment. *See Implementation of Section
    304 of the Telecommunications Act of 2996: Commercial Availability
    of Navigation Devices*, 13 FCC Rcd 14775, 14806 (1998). The
    Commission also concluded that it would look to efforts by CableLabs
    and OpenCable to develop the technical specifications for that
    equipment. *See id*. at 14805 ("We believe that the NRSS (EIA-679)
    and the related CableLabs/OpenCable efforts, when the standards
    process is complete, will provide a usable standard for digital
    communications and our rule reflects this premise."). Those efforts
    led to the development of what is now referred to as the CableCARD.

[^5]: Waiver Request at 3.

[^6]: *Id*. at 2.

[^7]: *Id*. at 4-5.

[^8]: *See* 47 C.F.R. §§ 1.1200-1.1216.

[^9]: 47 C.F.R. § 1.1206.

[^10]: *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).