how are cable descramblers both legal & illegal?

Question

A few years ago, I had done slight research on cable descramblers, as I always see them for sale in various magazines, stores, internet & such. But many places say that they are not legal (of course those places being the cable companies). Before we even get into it-- NO, I dont own one!

My question is: how can they be legal to advertise for sale & even in stores if they are illegal to use? Either its legal or its not! Which is it? I have called FCC to question it & they say it is perfectly legal to own but in order to use it, you must get permission from the cable company. I dont know about you, but that sounds pretty stupid to me. I am no legal mind or anything but, does that make any sense? They are saying that its ok to steal cable, as long as you get permission to do it.

Is that just the FCCs way of just not getting involved?

Thanks!

davidmi711-
that is my point. The sellers are saying it is legal, the company is saying its not. I know the phone company cant make you use thier phones. But what cable co. will say its ok to use a box to bypass them & get free HBO? Just like if I had a product that could bypass fees on the phone so you get call waiting, voice mail, *69 & all the other stuff for free. I will sell it to you but you have to obtain permission to use it. Whats the likelyhood? People that I heard who got them pay for basic for $30 or so, then they get the box & get 100 other pay stations.

art v: the FCC says its ok to have it, just not use it. Why dont they just say "no, its illegal to have & use"? or "ok, use it if you got it" Seems like they are playing both sides. Most things that are illegal to use are also illegal to have, like drugs. I think they need to get off the fence.

Answer 1

More so a scam than anything else. There might be some small town somewhere in the country that it is legal and that is the loop hole. That and their disclaimer puts the liability on you.

Yes it's legal with the cable companies permission. Will they give you permission? Of course not. So it's legal to own, you just can't use it.

Answer 2

The FCC answer makes perfect sense. Just like the phone companies can no longer require you to use phone company telephones, the cable company can not require you to use their converter box. They can however require you to pay for the services you receive. By the way, if the cable company gives you permission to use your box (which will of course include the requirement you pay your bill) you are not "stealing" cable.

You are seriously either missing my point or not reading what I wrote. I'll break it down.
1. It is legal to own a cable descrambler. If they were illegal the cable companies would be in trouble.
2. It is legal to use a cable descrambler with the permission of the cable company. FCC regulations prohibit a cable company from frivolously denying a consumer from using a privately owned descrambler.
3. It is illegal to operate a cable descrambler in such a way as to obtain services for which you have not paid.

There is a current push to incorporate addressable cable receivers into TVs so that a customer does not need an external box to receive premium services from the cable company.

Here is another illustration for you:
1. It is legal to own a gun.
2. It is legal to shoot many different animals with the gun if you have a hunting license (permission)
3. It is illegal to shoot a person with the gun (ignoring self defense at the moment)

Your question is like "why can I own a gun if it's illegal to shot people with it?" Because there are legal uses as well.

Answer 3

Cable Descramblers

Answer 4

They are correct. They are legal to own, just illegal to use without the Cable Companies notification. Odd, I know.

Answer 5

They are legal to own, they just aren't legal to use.

Using one is called stealing.