§ 76.1004   Applicability of program access rules to common carriers and
affiliates.

   (a) Any provision that applies to a cable operator under § § 76.1000
   through 76.1003 shall also apply to a common carrier or its affiliate
   that provides video programming by any means directly to subscribers.
   Any such provision that applies to a satellite cable programming vendor
   in which a cable operator has an attributable interest shall apply to
   any satellite cable programming vendor in which such common carrier has
   an attributable interest. For the purposes of this section, two or
   fewer common officers or directors shall not by itself establish an
   attributable interest by a common carrier in a satellite cable
   programming vendor (or its parent company) or a terrestrial cable
   programming vendor (or its parent company).

   (b) Sections 76.1002(c)(1) through (3) shall be applied to a common
   carrier or its affiliate that provides video programming by any means
   directly to subscribers as follows: No common carrier or its affiliate
   that provides video programming directly to subscribers 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
   common carrier or its affiliate has an attributable interest, or any
   satellite broadcasting vendor in which a common carrier or its
   affiliate has an attributable interest for distribution to persons in
   areas not served by a cable operator as of October 5, 1992.

   [ 61 FR 18980 , Apr. 30, 1996, as amended at  61 FR 28708 , June 5, 1996;
    75 FR 9724 , Mar. 3, 2010;  77 FR 66048 , Oct. 31, 2012]

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