420); Comments of the Consumer Electronics Ass'n on NCTA Downloadable Security Report, CS Docket 97-80, at 3 (January 20, 2006) (noting that "80,000 CableCARDs have been provided for a total of 3.8 million TV receivers capable of relying on the CableCARDs — barely 2 percent”) (J.A. 313). 10 . See Letter from Lawrence Sidman to FCC Secretary (October 28, 2004) (detailing reports from consumer electronics manufacturers that consumers were experiencing "numerous technical implementation problems” including “persistent problems with Cable-CARDs or their headend support, erroneous software or firmware fixes, [and] inability of authorized subscribers to acquire some channels that offer encrypted content”) (J.A. 534). 11 . Cf. Consumer Elec. Ass’n v. FCC, 347 F.3d 291, 303 (D.C.Cir.2003) (<HOLDING>). 12 . TiVo is “an independently manufactured
holding that it was not unreasonable for the fcc to conclude on the basis of admittedly imperfect evidence and inherent uncertainty that the cost of a new consumer electronics device would likely fall over time holding that to reopen a case an alien must show that the new evidence would likely change the result holding that even if the industry and federal regulations evidenced an inherent danger and the defendant knew or should have realized that the device was or was likely to be dangerous for the use for which it was supplied there was a complete absence of evidence that the defendant had reason to believe that the plaintiff or its employees would not realize the danger holding that openended continuity was not established where plaintiffs had alleged no basis from which the court could conclude that continuation of the purported racketeering activities was likely at the time the complaint was filed holding that the physician who included the cost of an intrauterine contraceptive device in the fee for his insertion of the device was a seller under the uniform commercial code