The Federal Communications Commission (FCC) has found fault with Cox and Time Warner for moving some of its channels away from standard channels, available to TiVo users with CableCards, and onto its Switched Digital Video System. Moderate fines have been proposed.

CableCards allow cable customers to receive protected, digital programming without the need for a cable company provided set-top box. As a result, they can use their TiVo to receive certain programming and program unattended recordings.

On Wednesday, the FCC cited Time Warner Cable Oceanic's Oahu and Kauai systems and Cox's Fairfax County, Va., system for willfully violating FCC rules when they switched some channels away from CableCard access and made them available only to users with Switched Digital Video (SDV) equipment.

SDV allows cable companies to aggregate several standard bandwidth cable channels to achieve a higher bandwidth and provide HDTV. Normally, the equipment cannot be accessed by a TiVo in order to change channels for unattended recording. However, the research arm for the U.S. cable companies, CableLabs, has been working with TiVo to build a new, compatible interface.

Without such an interface to SDV, TiVo owners are deprived of mandated FCC programming and, as a result, the cable companies "impaired the usefulness of competitive commercially available navigation devices," according to the FCC.

TiVo customers currently using CableCards to receive programming, if they hear from their cable company about a conversion to SDV, should inquire with TiVo and their cable company about the CableLabs developed interface that will allow them to continue to operate their TiVo in the usual fashion, that is, control the SDV system and program a channel change for unattended recordings.