§  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;

   (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]