Sec. 76.1512  Programming information.

    (a) An open video system operator shall not unreasonably 
discriminate in favor of itself or its affiliates with regard to 
material or information (including advertising) provided by the operator 
to subscribers for the purpose of selecting programming on the open 
video system, or in the way such material or information is provided to 
subscribers.

    Note to paragraph (a): ``Material or information'' as used in 
paragraph (a) of this section means material or information that a 
subscriber uses to actively select programming at the point of program 
selection.

    (b) In accordance with paragraph (a) of this section:
    (1) An open video system operator shall not discriminate in favor of 
itself or its affiliate on any navigational device, guide or menu;
    (2) An open video system operator shall not omit television 
broadcast stations or other unaffiliated video programming services 
carried on the open video system from any navigational device, guide 
(electronic or paper) or menu;

[[Page 653]]

    (3) An open video system operator shall not restrict a video 
programming provider's ability to use part of the provider's channel 
capacity to provide an individualized guide or menu to the provider's 
subscribers;
    (4) Where an open video system operator provides no navigational 
device, guide or menu, its affiliate's navigational device, guide or 
menu shall be subject to the requirements of Section 653(b)(1)(E) of the 
Communications Act;
    (5) An open video system operator may permit video programming 
providers, including its affiliate, to develop and use their own 
navigational devices. If an open video system operator permits video 
programming providers, including its affiliate, to develop and use their 
own navigational devices, the operator must create an electronic menu or 
guide that all video programming providers must carry containing a non-
discriminatory listing of programming providers or programming services 
available on the system and informing the viewer how to obtain 
additional information on each of the services listed;
    (6) An open video system operator must grant access, for programming 
providers that do not wish to use their own navigational device, to the 
navigational device used by the open video system operator or its 
affiliate; and
    (7) If an operator provides an electronic guide or menu that 
complies with paragraph (b)(5) of this section, its programming 
affiliate may create its own menu or guide without being subject to the 
requirements of Section 653(b)(1)(E) of the Communications Act.
    (c) An open video system operator shall ensure that video 
programming providers or copyright holders (or both) are able to 
suitably and uniquely identify their programming services to 
subscribers.
    (d) An open video system operator shall transmit programming 
identification without change or alteration if such identification is 
transmitted as part of the programming signal.

[ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43177 , Aug. 21, 1996]

    Effective Date Note: At  61 FR 43177 , Aug. 21, 1996, in Sec. 76.1512, 
paragraphs (b), (c) and (d) were revised. This amendment contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.