Before the Federal Communications Commission
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760 NCTA Comments at 6-7. 761 Comcast Comments at 9-10. The FCC recently required operators with more than 400,000 subscribers to make the user interfaces accessible by December 20, 2016. See Accessibility of User Interfaces, and Video Programming Guides and Menus Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Report and Order and Further Notice of Proposed Rulemaking, 28 FCC Rcd 17330 (2013). 762 COMPTEL Reply at 7. 763 CVCC Comments at 7. 764 47 U.S.C. § 549(a). We refer to the universe of devices that can access MVPD services as “navigation devices.” 765 16th Report, 30 FCC Rcd at 340911, paras. 329-31. 766 See infra, Table IV.C.2 “Deployment of CableCARDS (Cumulative)” shows the reported number of CableCARD deployments for use in retail CableCARD-enabled devices since 2006 and the deployment of operator-supplied set-top boxes with CableCARDs since the integration ban went into effect on July 1, 2007. See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, CS Docket No. 97-80, Second Report and Order, 20 FCC Rcd 6794, 6814-15, para. 39 (2005). Effective July 1, 2007, cable operators were required to separate security in their leased devices and rely on the same conditional access mechanism that consumer electronics manufacturers use in their commercially available devices (this requirements is known as the “integration ban”). 47 CFR § 76.1204(a)(1). See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, CS Docket No. 97-80, Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 7924, 7926 para. 4 (2003); 2005 Deferral Order, 20 FCC Rcd at 6802-03 para. 13. 767 See Letters from Neal M. Goldberg, Vice President and General Counsel, NCTA, to Marlene H. Dortch, Secretary, FCC, CS Docket No. 97-80 (filed June 29, 2006, June 25, 2007, June 23, 2008, June 26, 2009, June 23, 2011, June 30, 2011, July 30, 2012, July 31, 2013, July 31, 2014, July 31, 2015). 768 STELAR, § 106, 128 Stat. 2063-64. See also FCC Seeks Nominations for Membership for the Downloadable Security Technical Advisory Committee, Public Notice, DA 14-1763 (MB rel. Dec. 4, 2014); Expanding Consumers’ Video Navigation Choices; Commercial Availability of Navigation Devices, MB Docket No. 16-42, CS Docket No. 97-80, Notice of Proposed Rulemaking and Memorandum Opinion and Order, FCC 16-18 (Feb. 18, 2016) (Video Navigation Choices NPRM & MO&O). 769 See Final Report of the Downloadable Security Technical Advisory Committee, available at https://transition.fcc.gov/dstac/dstac-report-final-08282015.pdf. 770 Id. at 81-94. 771 Id. at 242-278. 772 Video Navigation Choices NPRM & MO&O. 773 Id. at 1545-56, para. 2. 774 House Energy and Commerce Committee White Paper 3, Competition Policy and the Role of the Federal Communications Commission, May 19, 2014, http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/analysis/CommActUpdate/20140519WhitePaper-Competition.pdf (last visited Oct. 20, 2015). 775 CEA Comments at 5. 776 Id. at 4. 777 Id. at 10. 778 FCC Broadband Speed Guide, https://www.fcc.gov/guides/broadband-speed-guide (last visited Oct. 7, 2015). FCC Household Broadband Guide, https://www.fcc.gov/guides/household-broadband-guide (last visited Oct. 7, 2015). 779 CableLabs, New Generation of DOCSIS Technology, CableLabs News, http://www.cablelabs.com/news/new-generation-of-docsis-technology/ (last visited Oct. 21, 2015). See also Mike Dano, From Comcast to Arris: Winners and losers in the cable industry's move to DOCSIS 3.1 and 1 Gbps speeds, FierceCable Special Report, Sep. 9, 2015, http://www.fiercecable.com/special-reports/comcast-arris-winners-and-losers-cable-industrys-move-docsis-31-and-1-gbps?confirmation=123 (last visited Oct. 21, 2015). Ben Munson, Comcast Talks Progress Toward DOCSIS 3.1 Deployment, CED Magazine, Oct. 14, 2015, http://www.cedmagazine.com/news/2015/10/comcast-talks-progress-toward-docsis-31-deployment?et_cid=4879065&et_rid=43964505&location=top (last visited Oct. 21, 2015). 780 Ben Munson, Arris Rolls Out Its First DOCSIS 3.1 Modems, CED Magazine, Oct. 12, 2015, http://www.cedmagazine.com/news/2015/10/arris-rolls-out-its-first-docsis-31-modems?et_cid=4874419&et_rid=210443319&location=top (last visited Oct. 21, 2015). 781 Apple TV, http://www.apple.com/tv/ (last visited Oct. 20, 2015). 782 Lauren Goode, Google's new Chromecast has a New Look, Catches up to Modern Wi-Fi Standards, The Verge, http://www.theverge.com/2015/9/29/9411137/google-chromecast-2-announces-specs-price-release-date (last visited Oct. 21, 2015). 783 Mariell Moon, Google's Chromecast 2.0 is Faster, More Colorful and Still Just $35, Engadget, Sep. 29, 2015, http://www.engadget.com/2015/09/29/google-chromecast-2/ (last visited Oct. 21, 2015). 784 Sean Keach, Next-gen Chromecast 2 officially announced, but where's our 4K?, Trusted Reviews, Sep. 29, 2015, http://www.trustedreviews.com/news/new-chromecast-2-2015-4k-video-release-date (last visited Oct. 21, 2015). John Archer, The New Apple TV Is Already Out Of Date , Forbes Tech, Sep 10, 2015, http://www.forbes.com/sites/johnarcher/2015/09/10/the-new-apple-tv-is-already-out-of-date/ (last visited Oct. 21, 2015). 785 CVCC Comments at 7. 786 TiVo Bolt, https://www.tivo.com/shop/bolt#/bolt (last visited Oct. 8, 2015). NCTA notes that the TiVo charges a monthly service fee of $14.99-$19.99. NCTA Reply at 6. 787 Anick Jesdanun, Dreams Come True, No More Commercials, U.S. News, Sept. 30, 2015, http://www.usnews.com/news/business/articles/2015/09/30/new-tivo-dvr-will-skip-through-entire-commercial-break (last visited March 11, 2016); TiVo, Features/Uses: SkipMode, https://support.tivo.com/articles/Features_Use/SkipMode (last visited March 11, 2016) (“A dedicated team of TV-enthusiasts watches popular shows as they air and note where programming resumes after commercial breaks. This information is applied over the programs by the TiVo service as soon as it is available.”). 788 Lauren Goode, Amazon's Answer to Apple TV: a Fire TV Box with Alexa and 4K Video Support, The Verge, Sep. 17, 2015, http://www.theverge.com/2015/9/17/9340431/new-amazon-fire-tv-update-price-release-date (last visited Oct. 21, 2015). 789 PlayStation Network, PlayStation Vue, https://www.playstationnetwork.com/vue (last visited Oct. 7, 2015). 790 CEA Comments at 3. 791 IDC, Tablet Shipments Forecast to Top Total PC Shipments in Fourth Quarter of 2013 and Annually by 2015, According to IDC (press release), Sept. 11, 2013, http://www.idc.com/getdoc.jsp?containerId=prUS24314413 (last visited Apr. 29, 2014). Worldwide smart connected device sales were expected to be $622.4 billion in 2013, of which $423.1 billion were expect to be from sales of smartphone and tablets costing $350 or less. Id. 792 IDC, Tablet Shipments Decline -12.6% in the Third Quarter as Many Vendors Get Serious About Moving from Slate Offerings to Detachables, According to IDC, http://www.idc.com/getdoc.jsp?containerId=prUS25989015 (last visited Dec. 3, 2015). 793 Alex Barredo, A Comprehensive Look into the Future of Smartphone Screen Sizes, http://gizmodo.com/a-comprehensive-look-into-the-future-of-smartphone-scre-1583303782 (last visited Oct. 5, 2015). 794 CTIA, The U.S. is a Global Leader in 4G LTE, http://blog.ctia.org/2015/09/25/the-us-is-a-global-leader-in-4g-lte/ (last visited Oct. 5, 2015). 795 Mushroom Networks, Can 4G LTE networks sustain HD Video?, Dec. 16, 2013, http://www.mushroomnetworks.com/blog/2013/12/16/can-4g-lte-networks-sustain-hd-video/ (last visited May 1, 2014). 796 NCTA comments at 15-20. 797 16th Report, 30 FCC Rcd at 2414, paras. 337-39. 798 Id. at 2414, para. 338. 799 Dyle, http://www.dyle.tv (last visited Oct. 5, 2014). 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