*Pages 1--3 from Microsoft Word - 35382* Federal Communications Commission DA 04- 261 3 operator customers and kept those customers fully apprised of the situation. 12 We are nevertheless concerned that customers of Time Warner and Comcast may not be able to identify problems caused by this non- conforming operation. Because the signal quality rules apply to cable operators, we will require Time Warner and Comcast to take action to ensure customer service employees working with these boxes are aware of and can diagnose this problem. IV. CONCLUSION 8. We find that it is in the public interest to make the interim waiver permanent. As the standard in Section 76.605( a)( 2) was designed to protect signal quality and Pace has agreed to replace boxes when signal quality is degraded, such a waiver will not conflict with the intent of the rule. A blanket recall, on the other hand, would be burdensome to consumers and inordinately expensive for the manufacturer and its cable operator customers. As such, the public is best served by allowing those 204,000 units to remain deployed. 9. We further find that it is in the public interest to extend this waiver to the additional 32,000 units delivered to cable operators, but not deployed when Pace filed the Petition. The record has shown that Pace has been diligent in modifying its noncompliant terminals. For the 32,000 units that could not be easily retrieved for repair, the cost and burden of locating these devices is incongruous with the potential for harm that leaving them in the field may cause. 10. Pace will take action to ensure that additional units shall conform to Section 76.605( a)( 2) of the Commission’s rules. With respect to the 236,000 boxes affected by this waiver, we require the cable operators deploying these boxes (Time Warner and Comcast) to educate their customer service staff to respond appropriately to problems resulting from inadequate aural carrier separation. Further, in the event of a signal quality problem caused by these set- top boxes or at the request of a subscriber, the cable operator must replace a noncompliant box with a compliant box. V. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Sections 0.61, 0.283, and 1.3 of the Commission’s Rules; 47 C. F. R. §§ 0.61, 0.283, & 1.3; the petition of Pace Micro Technology PLC on behalf of itself and Time Warner Cable and Comcast Cable Communications, Inc., for a waiver of Section 76.605( a)( 2) of the Commission’s Rules, 47 C. F. R. § 76.605( a)( 2) IS GRANTED for Pace Models 510 and 510A set- top boxes to the extent indicated above. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 12 See Petition at 3. 3