For many cable TV customers, their service is indistinguishable from the cable box that provides it. Although it is possible to purchase this hardware from third parties, most service providers push their customers into renting the box from them, which ensures an additional revenue stream that easily surpasses the volume pricing they pay for it. Not surprisingly, a number of consumers have objected to this practice, filing lawsuits against the cable companies. But efforts to divorce the service from its receiver may have gotten a big boost last week when the state of West Virginia filed a similar suit, alleging it's an illegal tying of services.

The suit was filed last week in the Circuit Court of Marshall County by the state attorney general. Although it specifically targets Comcast, the details of the suit could clearly apply to just about any cable TV service provider. Although Comcast allows the use of CableCard hardware or third-party devices for some of its packages, premium service apparently requires the rental of Comcast-provided hardware. The AG alleges that these practices run counter to both state antitrust law and consumer protection legislation.

Although there are clearly some cases where renting cable hardware makes more sense than purchasing, the average cable box quietly goes about its business for years after the rental fees add up to more than the hardware was worth.

The practice at issue here is the requirement for the use of Comcast hardware in order to receive some of its premium services. A spokesperson from Comcast declined to comment on this case in particular, but told Ars that her company does not view the cost of the hardware as a separate charge from the fee for the premium service. From that perspective, there's nothing bundled here, so there can't be any illegal tying.

More generally, the spokesperson noted that Comcast is complying with the FCC's order and is deploying boxes that rely on the CableCard standard, and that tens of thousands of its customers are already accessing its services through TiVo boxes and other third-party hardware.

Regardless of Comcast's policy, the history of lawsuits here suggests that the FCC's promotion of the CableCard standard hasn't left consumers satisfied with their ability to use the hardware of their choice to receive cable service (it can be difficult even to locate third-party cable boxes, for one thing). So far, however, those suits haven't done much to simplify the policies and market approaches, which can vary among service providers and geographic regions. That's why the entry of a governmental entity may represent a significant shift. The West Virginia AG could establish a statewide precedent that will apply to all service providers.

At publication time, the West Virginia attorney general's office had not responded to our request for comment.