Section 15.123 - Labeling of digital cable ready products(a) The requirements of this section shall apply to unidirectional digital cable products. Unidirectional digital cable products are one-way devices that accept a Point of Deployment module (POD) and which include, but are not limited to televisions, set-top-boxes and recording devices connected to digital cable systems. Unidirectional digital cable products do not include interactive two-way digital television products.(b) A unidirectional digital cable product may not be labeled with or marketed using the term "digital cable ready," or other terminology that describes the device as "cable ready" or "cable compatible," or otherwise indicates that the device accepts a POD or conveys the impression that the device is compatible with digital cable service unless it implements at a minimum the following features: (1) Tunes NTSC analog channels transmitted in-the-clear.(2) Tunes digital channels that are transmitted in compliance with SCTE 40 2003 (formerly DVS 313): "Digital Cable Network Interface Standard" (incorporated by reference, see§ 15.38 ), provided, however, that with respect to Table B.11 of that standard, the phase noise requirement shall be -86 dB/Hz including both in-the-clear channels and channels that are subject to conditional access.(3) Allows navigation of channels based on channel information (virtual channel map and source names) provided through the cable system in compliance with ANSI/SCTE 65 2002 (formerly DVS 234): "Service Information Delivered Out-of-Band for Digital Cable Television" (incorporated by reference, see§ 15.38 ), and/or PSIP-enabled navigation (ANSI/SCTE 54 2003 (formerly DVS 241): "Digital Video Service Multiplex and Transport System Standard for Cable Television" (incorporated by reference, see§ 15.38 )).(4) Includes the POD-Host Interface specified in SCTE 28 2003 (formerly DVS 295): "Host-POD Interface Standard" (incorporated by reference, see§ 15.38 ), and SCTE 41 2003 (formerly DVS 301): "POD Copy Protection System" (incorporated by reference, see§ 15.38 ), or implementation of a more advanced POD-Host Interface based on successor standards. Support for Internet protocol flows is not required.(5) Responds to emergency alerts that are transmitted in compliance with ANSI/SCTE 54 2003 (formerly DVS 241): "Digital Video Service Multiplex and Transport System Standard for Cable Television" (incorporated by reference, see§ 15.38 ).(6) In addition to the requirements of paragraphs (b)(1) through (5) of this section, a unidirectional digital cable television may not be labeled or marketed as digital cable ready or with other terminology as described in paragraph (b) of this section, unless it includes a DTV broadcast tuner as set forth in § 15.117(i) and employs at least one interface specified in paragraphs (b)(6)(i) and (ii) of this section: (i) For 480p grade unidirectional digital cable televisions, either a DVI/HDCP, HDMI/HDCP, or 480p Y,Pb,Pr interface.(ii) For 720p/1080i grade unidirectional digital cable televisions, either a DVI/HDCP or HDMI/HDCP interface.(c) Before a manufacturer's or importer's first unidirectional digital cable product may be labeled or marketed as digital cable ready or with other terminology as described in paragraph (b) of this section, the manufacturer or importer shall verify the device as follows: (1) The manufacturer or importer shall have a sample of its first model of a unidirectional digital cable product tested to show compliance with the procedures set forth in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma (incorporated by reference, see § 15.38 ) at a qualified test facility. If the model fails to comply, the manufacturer or importer shall have any modifications to the product to correct failures of the procedures in Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 3, 2003 (incorporated by reference, see § 15.38 ) retested at a qualified test facility and the product must comply with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 3, 2003 (incorporated by reference, see § 15.38 ) in accordance with the test procedures set forth in Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device, Acceptance Test Plan," February 25, 2004 (incorporated by reference, see § 15.38 ) or with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) in accordance with the test procedures set forth in TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (incorporated by reference, see § 15.38 ) before the product or any related model may be labeled or marketed. If the manufacturer or importer's first unidirectional digital cable product is not a television, then that manufacturer or importer's first model of a unidirectional digital cable product which is a television shall be tested pursuant to this subsection as though it were the first unidirectional digital cable product. A qualified test facility may only require compliance with the procedures set forth in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma, September 3, 2003 (incorporated by reference, see § 15.38 ). Compliance testing beyond those procedures shall be at the discretion of the manufacturer or importer.(2) A qualified test facility is a testing laboratory representing cable television system operators serving a majority of the cable television subscribers in the United States or an appropriately qualified independent laboratory with adequate equipment and competent personnel knowledgeable with respect to Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ); Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device, Acceptance Test Plan," February 25, 2004 (incorporated by reference, see § 15.38 ); M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ); and TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (incorporated by reference, see § 15.38 ). For any independent testing laboratory to be qualified hereunder such laboratory must ensure that all its decisions are impartial and have a documented structure which safeguards impartiality of the operations of the testing laboratory. In addition, any independent testing laboratory qualified hereunder must not supply or design products of the type it tests, nor provide any other products or services that could compromise confidentiality, objectivity or impartiality of the testing laboratory's testing process and decisions.(3) Subsequent to the testing of its initial unidirectional digital cable product model, a manufacturer or importer is not required to have other models of unidirectional digital cable products tested at a qualified test facility for compliance with the procedures of Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ) unless the first model tested was not a television, in which event the first television shall be tested as provided in paragraph (c)(1) of this section. The manufacturer or importer shall ensure that all subsequent models of unidirectional digital cable products comply with the procedures in the Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ) and all other applicable rules and standards. The manufacturer or importer shall maintain records indicating such compliance in accordance with Supplier's Declaration of Conformity requirements in part 2, subpart J of this chapter. The manufacturer or importer shall further submit documentation demonstrating compliance with the procedures in the Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ) to the qualified test facility.(4) Unidirectional digital cable product models must be tested for compliance with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 3, 2003 (incorporated by reference, see § 15.38 ) in accordance with Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device Acceptance Test Plan," February 25, 2004, (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results. In the event of any dispute over the applicable results under an equivalent test procedure, the results under Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device Acceptance Test Plan," February 25, 2004 (incorporated by reference, see § 15.38 ) shall govern.(5) This paragraph applies to unidirectional digital cable product models which utilize Point-of-Deployment modules (PODs) in multi-stream mode (M-UDCPs). (i) The manufacturer or importer shall have a sample of its first model of a M-UDCP tested at a qualified test facility to show compliance with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) as specified in the procedures set forth in TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (both references incorporated by reference, see § 15.38 ). If the model fails to comply, the manufacturer or importer shall have retested, at a qualified test facility, a product that complies with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ) in accordance with Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device Acceptance Test Plan," February 25, 2004, (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results before any product or related model may be labeled or marketed. If the manufacturer or importer's first M-UDCP is not a television, then that manufacturer or importer's first model of a M-UDCP which is a television shall be tested pursuant to this subsection as though it were the first M-UDCP.(ii) A qualified test facility is a testing laboratory representing cable television system operators serving a majority of the cable television subscribers in the United States or an appropriately qualified independent laboratory with adequate equipment and competent personnel knowledgeable with Uni-Dir-PICS-I01-030903: "Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma," September 03, 2003 (incorporated by reference, see § 15.38 ); Uni-Dir-ATP-I02-040225: "Uni-Directional Receiving Device, Acceptance Test Plan," February 25, 2004 (incorporated by reference, see § 15.38 ); M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ); and TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (incorporated by reference, see § 15.38 ). For any independent testing laboratory to be qualified hereunder such laboratory must ensure that all its decisions are impartial and have a documented structure which safeguards impartiality of the operations of the testing laboratory. In addition, any independent testing laboratory qualified hereunder must not supply or design products of the type it tests, nor provide any other products or services that could compromise confidentiality, objectivity or impartiality of the testing laboratory's testing process and decisions.(iii) Subsequent to the successful testing of its initial M-UDCP, a manufacturer or importer is not required to have other M-UDCP models tested at a qualified test facility for compliance with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) unless the first model tested was not a television, in which event the first television shall be tested as provided in paragraph (c)(5)(i) of this section. The manufacturer or importer shall ensure that all subsequent models of M-UDCPs comply with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) and all other applicable rules and standards. The manufacturer or importer shall maintain records indicating such compliance in accordance with Supplier's Declaration of Conformity requirements in part 2, subpart J of this chapter. For each M-UDCP model, the manufacturer or importer shall further submit documentation demonstrating compliance with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) to the qualified test facility.(iv) M-UDCPs must be in compliance with M-UDCP-PICS-I04-080225, "Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS," February 25, 2008 (incorporated by reference, see § 15.38 ) in accordance with the procedures set forth in TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results. In the event of any dispute over the applicable results under an equivalent test procedure, the results under TP-ATP-M-UDCP-I05-20080304, "Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan," March 4, 2008 (incorporated by reference, see § 15.38 ) shall govern.(d) Manufacturers and importers shall provide in appropriate post-sale material that describes the features and functionality of the product, such as the owner's guide, the following language: "This digital television is capable of receiving analog basic, digital basic and digital premium cable television programming by direct connection to a cable system providing such programming. A security card provided by your cable operator is required to view encrypted digital programming. Certain advanced and interactive digital cable services such as video-on-demand, a cable operator's enhanced program guide and data-enhanced television services may require the use of a set-top box. For more information call your local cable operator." 68 FR 66733 , Nov. 28, 2003, as amended at 76 FR 40277 , July 8, 2011; 77 FR 4914 , Feb. 1, 2012; 82 FR 50833 , Nov. 2, 2017