[mythtv-users] What can be done about a USA cable provider encrypting local channels?

[R. G. Newbury]

Brian Wood wrote:
> William Munson wrote:
>> Recently Comcast took over our cable system and now they have decided to 
>> encrypt all the local channels which really sucks since I am too far 
>> away from the transmitters to get them as OTA. What can I do about it? I 
>> know from past experience they are going to play dumb and deny, deny, 
>> deny... (It took 20+ calls to get them to fix the intermittent cable 
>> issue down the road that was causing dropouts)
>>
>>  I would love to find a class action law suite to bring on them however 
>> I doubt thats going to be an option. Thoughts or suggestions? I am about 
>> ready to put my HDHR up for sale and say FUG IT!
> 
> My understanding is that cable companies are supposed to make any
> "off-air" channel they are carrying available without encryption.
> 
> Getting them to even acknowledge that, let alone do anything about it,
> is another story.
> 
> It's doubtful that anyone at your local cable office is even aware of
> the issue, so their "denials" really just represent ignorance.
> 
> If they are truly "local" channels then you should be able to get them
> off-air, but since you say they are not receivable by you I'm not sure
> precisely what the situation is.
> 
> If it were me I'd start by trying to contact the station(s) involved,
> perhaps by a letter to the General Manager(s), perhaps with a copy to
> the FCC, that often gets attention. Stations do not like it when a
> potential viewer is unable to watch them, for any reason, and they
> certainly do not like letters going to the FCC. It could be as simple as
> the GM of a station contacting Comcast, and their having to simply throw
> a switch.
> 
> A station is supposed to "serve the community needs and interests", hard
> to do if somebody can't watch them.
> 
> Good luck, I suspect you will need it.


Check out  USC 47 CFR 76.56  and here:

http://www.gossamer-threads.com/lists/mythtv/users/259562?search_string=%2B47%20%2BCFR;#259562

I never bothered to check out the penalty sections of 47 CFR but I would 
be surprised if there is not a general penalty section whereby you can 
sic the FCC on your cableco for breach of the regylations. I know 
nothing of US Federal Criminal Procedure, but it may well be possible 
that you can yourself commence such a prosecution, or at least 
investigation by making a complaint at the Federal Courthouse. You have 
prima facie evidence that your cableco is doing something which it is 
specifically not allowed to do: in fact, it has to do the opposite. 
Although there will be lots of screaming that the regulation does not 
"say that"...the fact is that local must carry channels, digital or 
analog, must be carried on the 'basic tier'.  And encrypted is not the 
basic tier.

At the least, speak to the local US Assistant District Attorney's office.


IANAUSL   (I am not a US lawyer!)


             R. Geoffrey Newbury			


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