The FCC Enforcement Bureau is proposing $20K fines against 2 Time Warner Cable systems in HI ($20K apiece, so $40K total) and a Cox system in N VA. The Bureau takes issue with the systems moving some channels to switched digital video, making them impossible to view on a one-way device, such as TiVo recorders. The Bureau, which also wants refunds for impacted subs, said the 3 systems "apparently willfully violated" last fall consumers right to receive programming using 1-way, plug & play devices. "Time Warner Cable does not agree with the NAL’s and will be responding accordingly to the FCC’s Enforcement Bureau," a TWC spokesman said. Cox declined comment. CableLabs and ops have worked with CE makers like TiVo on developing a way to allow 1-way, CableCard devices to receive switched digital. By moving linear programming to switched-digital, the MSOs have "impaired the usefulness of competitive commercially available navigation devices, in violation of the Commission’s Rules and the intent of Section 629," the Bureau said. TWC and Cox can seek a cancellation or reduction of the proposed forfeitures. In Aug, the Bureau said Oceanic Time Warner Cable was apparently liable for a forfeiture of $7500 after failing to provide 30 days notice that it was migrating certain channels to switched digital ( Cfax , 8/26). A TWC rep said it has appealed the decision and has not heard from the FCC.

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