§ 76.1507   Competitive access to satellite cable programming.

   (a) Any provision that applies to a cable operator under § § 76.1000
   through 76.1003 shall also apply to an operator of an open video system
   and its affiliate which provides video programming on its open video
   system, except as limited by paragraph (a) (1)-(3) of this section. Any
   such provision that applies to a satellite cable programming vendor in
   which a cable operator has an attributable interest shall also apply to
   any satellite cable programming vendor in which an open video system
   operator has an attributable interest, except as limited by paragraph
   (a) (1)-(3) of this section.

   (1) Section 76.1002(c)(1) shall only restrict the conduct of an open
   video system operator, its affiliate that provides video programming on
   its open video system and a satellite cable programming vendor in which
   an open video system operator has an attributable interest, as follows:
   No open video system operator or its affiliate that provides video
   programming on its open video system shall engage in any practice or
   activity or enter into any understanding or arrangement, including
   exclusive contracts, with a satellite cable programming vendor or
   satellite broadcast programming vendor for satellite cable programming
   or satellite broadcast programming that prevents a multichannel video
   programming distributor from obtaining such programming from any
   satellite cable programming vendor in which an open video system
   operator has an attributable interest, or any satellite broadcasting
   vendor in which an open video system operator has an attributable
   interest for distribution to person in areas not served by a cable
   operator as of October 5, 1992.

   (2) [Reserved]

   (3) Section 76.1002(c)(3)(i) and (ii) shall only restrict the conduct
   of an open video system operator, its affiliate that provides video
   programming on its open video system and a satellite cable programming
   vendor in which an open video system operator has an attributable
   interest, as follows: No open video system operator shall enter into
   any subdistribution agreement or arrangement for satellite cable
   programming or satellite broadcast programming with a satellite cable
   programming vendor in which an open video system operator has an
   attributable interest or a satellite broadcast programming vendor in
   which an open video system operator has an attributable interest for
   distribution to persons in areas not served by a cable operator as of
   October 5, 1992 unless such agreement or arrangement complies with the
   limitations set forth in § 76.1002(c)(3)(ii).

   (b) No open video system programming provider in which a cable operator
   has an attributable interest shall engage in any practice or activity
   or enter into any understanding or arrangement, including exclusive
   contracts, with a satellite cable programming vendor or satellite
   broadcast programming vendor for satellite cable programming or
   satellite broadcast programming that prevents a multichannel video
   programming distributor from obtaining such programming from any
   satellite cable programming vendor in which a cable operator has an
   attributable interest, or any satellite broadcasting vendor in which a
   cable operator has an attributable interest for distribution to person
   in areas not served by a cable operator as of October 5, 1992.

   [ 61 FR 28708 , June 5, 1996, as amended at  77 FR 66048 , Oct. 31, 2012]

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