Trade Law Daily is a service of Warren Communications News.

Adams Cable Equipment’s CableCARD waiver request, though nominally based on...

Adams Cable Equipment’s CableCARD waiver request, though nominally based on the FCC’s Baja Broadband order “continues to ignore key elements” of that waiver order, TiVo General Counsel Matthew Zinn wrote in a letter to the commission (http://xrl.us/bms8eg). The Baja waiver…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

was limited in its duration and scope and based on extreme and non-speculative financial hardship, Zinn said: “ACE’s waiver shares none of these elements.” Moreover, ACE’s comparison of the costs of a TiVo and operator-supplied DVR are flawed because it includes TiVo’s service fees but not cable operators’, Zinn said. “Unless ACE is somehow proposing to guarantee to the FCC that cable operators will not charge customers a DVR service fee if they use a refurbished DVR, its ‘real cost’ calculation is as unsound as the rationale for its waiver request,” he said.