PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1353 Released: June 18, 2009 MEDIA BUREAU ACTION MEDIA BUREAU SEEKS COMMENT ON PACE’S LOW-COST, LIMITED CAPABILITY SET- TOP BOX CERTIFICATION CSR-8177-Z Comment Date: June 29, 2009 On June 1, 2009, the Commission released an order granting a request by Evolution Broadband, LLC (“Evolution”) for a waiver of Section 76.1204(a)(1) of the Commission’s rules,1 which prohibits cable operators from placing into service navigation devices that perform both conditional access and other functions.2 The Commission concluded that the Evolution Broadband DMS-1002 and DMS-1002-CA set-top boxes were eligible for waiver of the integration ban pursuant to the “low-cost, limited-capability” standard set forth in the Commission’s 2005 Deferral Order.3 In the Evolution Order, the Commission set forth a streamlined process for other applicants to seek waivers for similarly low-cost, limited- capability devices: If applicants certify that the capabilities of their navigation devices are low-cost, limited capability devices that are no more advanced than the [Evolution Broadband DMS-1002 and DMS-1002-CA set-top boxes] and include the full specifications of any devices for which waiver is sought, the Media Bureau will release a public notice seeking comment on those certifications for a period of ten calendar days, after which the Bureau will expeditiously grant a waiver similar to the one granted herein, deny such a waiver, or take other appropriate action.4 Pace Americas, Inc. has filed a request for waiver pursuant to this streamlined process, certifying that its Pace DC50X and Pace DC50Xu Digital Transport Adapters are low-cost, limited-capability devices that 1 47 C.F.R. § 76.1204(a)(1). The Commission commonly refers to this rule as the “integration ban.” 2 Evolution Broadband, LLC’s Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, Memorandum Opinion and Order, FCC 09-46 (June 1, 2009) (“Evolution Order”). 3 See Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices, 20 FCC Rcd 6794, 6813, ¶ 37 (2005) (“2005 Deferral Order”). 4 Id. at ¶ 15. 2 are no more advanced than the Evolution Broadband DMS-1002 and DMS-1002-CA.5 The Media Bureau seeks comment on this certification.6 This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. 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.7 Comments and oppositions are due June 29, 2009. All filings should refer to the case identifier, CSR- 8177-Z. 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 counsel for Petitioner: Michael V. Pulli President Pace Americas, Inc. 3701 FAU Boulevard, Suite 200 Boca Raton, FL 33431 Parties 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 12th Street, SW, Washington, D.C. 20554. One copy of each pleading must be sent to Brendan Murray, Media Bureau, Room 4-A737, 445 12th Street, S.W., Washington, D.C. 20554 or Brendan.Murray@fcc.gov. 5 See Pace Americas Inc.’s Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, CSR-8177-Z attaching Declaration of Michael V. Pulli, President, Pace Americas, Inc. (filed June 11, 2009). 6 Commenters should limit their comments to the issue of whether the Pace DC50X and Pace DC50Xu Digital Transport Adapters are more advanced than the Evolution Broadband DMS-1002 and DMS-1002-CA. The Bureau does not seek comment on the policy implications of issues resolved in the Evolution Order. 7 47 C.F.R. § 1.1206. 3 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 12th Street, S.W., CY-Level Washington, D.C. 20554 (202) 418-0270 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 David Fiske, (202) 418-0513. TTY: (202) 418-7172 or (888) 835-5322. -FCC-