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order refunds and prospective rate reductions 2 If the operator s most recent rate filing was based on the annual rate system at Section 76 922 e in order to order refunds and prospective rate reductions the franchising authority shall be subject to the requirements described in paragraph g 1 of this section 58 FR 2975... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
display page 177 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 934 c 1 Multichannel Video and Cable Television Service 1 If certified by the Commission a local franchising authority may provide an initial notice of regulation to a small system as defined by 76 901 c on May 15 1994 Any initial notice of reg... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
filing of a request for an extension of time to comply with the rate regulations will not toll the effective date of rate regulation for small systems or alter refund liability for rates that exceed permitted levels after May 15 1994 f Small Systems Owned by Small Cable Companies Small systems owned by small cable comp... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
Part 76 up to date as of 2 20 2024 47 CFR 76 934 g 2 iii Multichannel Video and Cable Television Service iii The history of the rates for cable programming services of the system including the relationship of such rates to changes in general consumer prices iv The rates as a whole for all the cable programming cable eq... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
services in accordance with the small cable company cost of service methodology described below 2 The maximum annual per subscriber rate permitted initially by the small cable company cost of service methodology shall be calculated by adding i The system s annual operating expenses to ii The product of its net rate bas... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
adjusted for known and measurable changes occurring between the end of the 12 month period and the effective date of the rate Expenses shall include all regular expenses normally incurred by a cable operator in the provision of regulated cable service but shall not include any lobbying expense charitable contributions ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
per channel the rate shall be rebuttably presumed reasonable To disallow such a rate the franchising authority shall bear the burden of showing that the operator did not reasonably interpret and allocate its cost and expense data in deriving its annual operating expenses its net rate base and a reasonable rate of retur... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
operator with its response The operator shall have four days from its receipt of the response in which to file a reply if desired If the maximum rate established on Form 1230 does not exceed 1 24 per channel the burden shall be on the franchising authority to show the reasonableness of its order If the maximum rate est... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
a cable programming services tier by a system that has elected the small cable company cost of service methodology may be filed pursuant to 76 957 Upon receipt of a complaint the Commission shall review the system s rates in accordance with the standards set forth above with respect to basic tier rates 7 Unless otherwi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
no rate adjustments made prior to the effective date of this rule shall be charged against the system s Operator s Cap and License Reserve Fee described in 76 922 e 3 iii The system may adjust its maximum permitted rate by filing a new Form 1230 that permits a higher rate iv The system may adjust its maximum permitted ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
is eligible to establish its rates in accordance with the small system cost of service approach shall remain eligible for so long as the system serves no more than 15 000 subscribers When a system that has established rates in accordance with the small system cost of service approach exceeds 15 000 subscribers the syst... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
in whole or in part or approves a request for an increase in whole or in part over the objections of interested parties A franchising authority is not required to issue a written decision that approves an unopposed existing or proposed rate for the basic service tier or associated equipment b Public notice must be give... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
pending the receipt of such information A franchising authority may set reasonable deadlines for the filing of such information and may find the cable operator in default and mandate appropriate relief pursuant to paragraph d of this section for the cable operator s failure to comply with the deadline or otherwise prov... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
393 and or FCC Forms 1200 1205 filing or a cost of service showing is subject to the provisions of 1 17 of this chapter 68 FR 15098 Mar 28 2003 76 940 Prospective rate reduction A franchising authority may order a cable operator to implement a reduction in basic service tier or associated equipment rates where necessar... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
fails to comply with a valid rate order issued by a franchising authority or the Commission shall be liable for refunds commencing from the effective date of such order until such time as it complies with such order c The refund period shall run as follows 1 From the date the operator implements a prospective rate redu... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
Internal Revenue Service for tax refunds and additional tax payments f Once an operator has implemented a rate refund to subscribers in accordance with a refund order by the franchising authority or the Commission pursuant to paragraph a of this section the franchising authority must return to the cable operator an amo... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
to section 503 b of the Communications Act of 1934 as amended 47 U S C 503 b c A cable operator shall not be subject to forfeiture because its rate for basic service or equipment is determined to be unreasonable 58 FR 29753 May 21 1993 as amended at 59 FR 17974 Apr 15 1994 76 944 Commission review of franchising author... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
rate decision Replies may be filed 7 days after the last day for oppositions and shall be served on the parties to the proceeding c An operator that uses the annual rate adjustment method under Section 76 922 e may include in its next true up under Section 76 922 e 3 any amounts to which the operator would have been en... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
denying the rate proposal Petitions opposing such filings must be filed within 15 days of public notice of the filing by the cable operator and be accompanied by a certificate that service was made on the cable operator and the local franchising authority The cable operator may file an opposition within five days of fi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
additions depending on the particular location of the subscriber 59 FR 17974 Apr 15 1994 76 952 Information to be provided by cable operator on monthly subscriber bills All cable operators must provide the following information to subscribers on monthly bills a The name mailing address and phone number of the franchisi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
S C 503 b b A cable operator shall not be subject to forfeiture because its rate for cable programming service or equipment is determined to be unreasonable 76 970 Commercial leased access rates a Cable operators shall designate channel capacity for commercial use by persons unaffiliated with the operator and that seek... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
commercial leased access rate that a cable operator may charge for full time channel placement on any tier is the average implicit fee for full time channel placement on that tier e The average implicit fee identified in paragraph d of this section shall be calculated by first calculating the total amount the operator ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
aggregate basis for full time channel placement as an a la carte service shall be calculated by first determining the total amount received by the operator in subscriber revenue per month for each non leased access a la carte channel on its system including affiliated a la carte channels and deducting the total amount ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
days of the date on which a bona fide request for leased access information is made provided that the programmer has remitted any application fee that the cable system operator requires up to a maximum of 100 per system specific bona fide request i How much of the operator s leased access set aside capacity is availabl... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
person responsible for responding to requests for information about leased access channels i Cable operators are permitted to negotiate rates below the maximum rates permitted in paragraphs c through g of this section 78 FR 20256 Apr 4 2013 as amended at 84 FR 28768 June 20 2019 85 FR 51367 Aug 20 2020 76 971 Commercia... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of technical support necessary for users to present their material on the air and may not unreasonably refuse to cooperate with a leased access user in order to prevent that user from obtaining channel capacity Leased access users must reimburse operators for the reasonable cost of any technical support actually provid... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
or 2 To comply with 47 U S C 532 h j and 76 701 f 47 CFR 76 971 f enhanced display page 190 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 971 f 1 Multichannel Video and Cable Television Service 1 A cable operator shall provide billing and collection services for commercial leased access cable programmers u... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
accordance with the provisions of Title VI of the Communications Act may bring an action in the district court of the United States for the Judicial district in which the cable system is located to compel that such capacity be made available b 1 Any person aggrieved by the failure or refusal of a cable operator to make... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
granted special relief 47 CFR 76 975 b 2 ii enhanced display page 191 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 975 b 3 Multichannel Video and Cable Television Service 3 The final accountant s report must be completed within 60 days of the date on which the final accountant is selected to perform the r... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
s report In proceedings before the Commission there will be a rebuttable presumption that the final accountant s report is correct d Where a petition is not based on allegations that a cable operator s leased access rates are unreasonable the petition must be filed within 60 days of the alleged violation Where a petiti... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
show by clear and convincing evidence that the cable operator has violated the Commission s leased access provisions in 47 U S C 532 or 76 970 and 76 971 or otherwise acted unreasonably or in bad faith in failing or refusing to make capacity available or to charge lawful rates for such capacity to an unaffiliated lease... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
minority programming source is a programming source that devotes substantially all of its programming to coverage of minority viewpoints or to programming directed at members of minority groups and which is over 50 percent minority owned c For purposes of this section a qualified educational programming source is a pro... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
changes in service tiers or equipment that involve more than coded entry on a computer or other similarly simple method shall be based on actual cost The actual cost charge shall be either the HSC as defined in Section 76 923 of the rules multiplied by the number of persons hours needed to implement the change or the H... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
an affirmative request for service or equipment A subscriber s affirmative request for service or equipment may be made orally or in writing b The requirements of paragraph a of this section shall not preclude the adjustment of rates to reflect inflation cost of living and other external costs the addition or deletion ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
CFR 76 982 enhanced display page 194 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 983 Multichannel Video and Cable Television Service 76 983 Discrimination a No Federal agency state or local franchising authority may prohibit a cable operator from offering reasonable discounts to senior citizens or to eco... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
not charge predatory prices to a multiple dwelling unit Upon a prima facie showing by a complainant that there are reasonable grounds to believe that the discounted price is predatory the cable system shall have the burden of showing that its discounted price is not predatory Note 1 to paragraph c 3 Discovery procedure... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
to be separately identified under this section it must be directly imposed by a governmental body on a transaction between a subscriber and an operator b The charge identified on the subscriber bill as the total charge for cable service should include all fees and costs itemized pursuant to this section c Local franchi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
unduly or unreasonably burdensome If the local franchising authority finds that the operator does not qualify for deregulation its notice shall state the grounds for that decision The operator may appeal the local franchising authority s decision to the Commission within 30 days 2 Once the operator has certified its el... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
in 76 1402 Absent a cable programming services rate complaint the operator may request a declaration of CPST rate deregulation from the Commission pursuant to 76 7 c Transition from small cable operator status If a small cable operator subsequently becomes ineligible for small operator status the operator will become s... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
5 percent or more c Buying groups The term buying group or agent for purposes of the definition of a multichannel video programming distributor set forth in paragraph e of this section means an entity representing the interests of more than one entity distributing multichannel video programming that 1 Agrees to be fina... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
subpart O and Section 76 1507 f Satellite broadcast programming The term satellite broadcast programming means broadcast video programming when such programming is retransmitted by satellite and the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of an... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
to the complainant includes consideration of but is not limited to such factors as whether the alternative multichannel video programming distributor operates within a geographic region 47 CFR 76 1000 j enhanced display page 198 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1000 k Multichannel Video and Ca... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
operator has an attributable interest or satellite broadcast programming vendor shall engage in unfair methods of competition or unfair or deceptive acts or practices the purpose or effect of which is to hinder significantly or prevent any multichannel video programming distributor from providing satellite cable progra... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1 ii enhanced display page 199 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1001 b 1 iii Multichannel Video and Cable Television Service such terrestrial cable programming vendor shall be deemed responsible for such discrimination and any complaint based on such discrimination shall be filed against such ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
section shall have the burden of proof that the terrestrial cable programming vendor is wholly owned by controlled by or under common control with a cable operator or cable operators satellite cable programming vendor or vendors in which a cable operator has an attributable interest or satellite broadcast programming v... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
on credit considerations or financial stability although any such distinctions must be applied for reasons for other than a multichannel video programming distributor s technology Vendors are not permitted to manifest factors such as creditworthiness or financial stability in price differentials if such factors are alr... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
differentials on cost differences that occur within a given technology as well as between technologies A price differential for a program service may not be based on a distributor s retail costs in delivering service to subscribers unless the program vendor can demonstrate that subscribers do not or will not benefit fr... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
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... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
video programming distributor within fifteen 15 days of the request If the 47 CFR 76 1002 c 3 ii B enhanced display page 202 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1002 c 4 Multichannel Video and Cable Television Service request is denied the competing multichannel video programming distributor must... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1934 as amended and paragraph b of this section i The petition for exclusivity shall contain those portions of the contract relevant to exclusivity including A A description of the programming service B The extent and duration of exclusivity proposed and C Any other terms or provisions directly related to exclusivity o... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
licensed for distribution 2 Applicability to satellite retransmissions Nothing in this section shall apply i To the signal of any broadcast affiliate of a national television network or other television signal that is retransmitted by satellite but that is not satellite broadcast programming or ii To any internal satel... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
the filing of a complaint The complaint shall be filed and responded to in accordance with the procedures specified in 76 7 of this part with the following additions or changes b Prefiling notice required Any aggrieved multichannel video programming distributor intending to file a complaint under this section must firs... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
cable programming or satellite broadcast programming vendor or a terrestrial cable programming vendor alleged to have engaged in conduct described in 76 1001 b 1 4 In complaints alleging discrimination documentary evidence such as a rate card or a programming contract that demonstrates a differential in price terms or ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
be awarded upon a complaint unless specifically requested Damages may be awarded if the complaint complies fully with the requirement of paragraph d 3 of this section where the defendant knew or should have known that it was engaging in conduct violative of section 628 3 In all cases in which recovery of damages is sou... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of 1934 as amended or 76 1001 a To the extent that a cable operator satellite cable programming vendor or satellite broadcast programming vendor expressly references and relies upon a document or documents in asserting a defense or responding to a material allegation such document or documents shall be included as part... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
complainant and its competitor are not sufficiently similar the answer shall set forth the reasons supporting this conclusion and the defendant may submit an alternative contract for comparison with a similarly situated multichannel video programming distributor that uses the same distribution technology as the competi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
vendor satellite broadcast programming vendor or terrestrial cable programming vendor enters into a contract with the complainant that the complainant alleges to violate one or more of the rules contained in this subpart or 2 The satellite cable programming vendor satellite broadcast programming vendor or terrestrial c... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
addition to and not in lieu of the sanctions available under title V or any other provision of the Communications Act 3 Imposition of damages 47 CFR 76 1003 h 3 enhanced display page 207 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1003 h 3 i Multichannel Video and Cable Television Service i Bifurcation I... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
mandated methodology B Within thirty days of the issuance of a paragraph d 3 ii D of this section damages methodology order the parties shall submit jointly to the Commission either 1 A statement detailing the parties agreement as to the amount of damages 2 A statement that the parties are continuing to negotiate in go... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
to the program access dispute may voluntarily engage in alternative dispute resolution including commercial arbitration The Commission will suspend action on the complaint if both parties agree to use alternative dispute resolution j Discovery In addition to the general pleading and discovery rules contained in 76 7 pa... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of attorneys from practice before the Commission forfeitures cease and desist orders and denial of further access to confidential information in Commission proceedings l Petitions for temporary standstill 1 A program access complainant seeking renewal of an existing programming contract may file a petition along with i... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
amended at 67 FR 13235 Mar 21 2002 72 FR 56661 Oct 4 2007 75 FR 9724 Mar 3 2010 77 FR 66048 Oct 31 2012 85 FR 81812 Dec 17 2020 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 carr... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
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 76 1005 76 1010 Reserved Subpart P Competitive Availability of Navigation Devices Source 63 FR 38094 July 15 1998 unless otherwise noted 76 1200 Definitions As used in this subpart a Multichannel v... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
received except by authorized users 63 FR 38094 July 15 1998 as amended at 69 FR 72046 Dec 10 2004 76 1201 Rights of subscribers to use or attach navigation devices No multichannel video programming distributor shall prevent the connection or use of navigation devices to or with its multichannel video programming syste... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
programming distributor that utilizes Navigation Devices to perform conditional access functions shall make available equipment that incorporates only the conditional access functions of such devices 2 The foregoing requirement shall not apply to a multichannel video programming distributor that supports the active use... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1 Employs conditional access mechanisms only to access analog video programming 2 Is capable only of providing access to analog video programming offered over a multichannel video programming distribution system and 3 Does not provide access to any digital transmission of multichannel video programming or any other dig... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
service providers and products in the category in which the waiver is granted 76 1208 Sunset of regulations The regulations adopted under this subpart shall cease to apply when the Commission determines that 1 the market for multichannel video distributors is fully competitive 2 the market for converter boxes and inter... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
interests of five 5 percent or more c Buying groups The term buying group or agent for purposes of the definition of a multichannel video programming distributor set forth in paragraph e of this section means an entity representing the interests of more than one entity distributing multichannel video programming that 1... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
other multichannel video programming distributor shall require a financial interest in any program service as a condition for carriage on one or more of such operator s provider s systems b Exclusive rights No cable operator or other multichannel video programming distributor shall coerce any video programming vendor t... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
complainant must allow a minimum of ten 10 days for the potential defendant s to respond before filing a complaint with the Commission c Contents of complaint In addition to the requirements of 76 7 a carriage agreement complaint shall contain 47 CFR 76 1302 c enhanced display page 214 of 268 47 CFR Part 76 up to date ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
documentary evidence or testimonial evidence supported by an affidavit from a representative of the complainant that supports the claim that the defendant required a financial interest in any program service as a condition for carriage on one or more of such defendant s systems ii Exclusive rights In a complaint allegi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
target programming and other factors and ii Evidence that the defendant multichannel video programming distributor has treated the video programming provided by the complainant differently than the similarly situated affiliated video programming described in paragraph d 3 iii B 2 i of this section with respect to the s... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
would be inconsistent with fundamental fairness 3 A finding that the complainant has established a prima facie case of a violation of 76 1301 means that the complainant has provided sufficient evidence in its complaint to allow the case to proceed to a ruling on the merits 4 If the Chief Media Bureau finds that the com... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
one or more of the rules contained in this section i Deadline for decision on the merits 1 i For program carriage complaints that the Chief Media Bureau decides on the merits based on the complaint answer and reply without discovery the Chief Media Bureau shall release a decision on the merits within sixty 60 calendar ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1 276 d of this chapter Such order issued by the Commission or Commission staff shall become effective upon release see 1 102 b and 1 103 of this chapter unless any order of mandatory carriage issued by the staff would require the defendant multichannel video programming distributor to delete existing programming from ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
expiration of the existing programming contract the petition for temporary standstill and complaint shall be filed no later than thirty 30 days prior to the expiration of the existing programming contract In addition to the requirements of 76 7 the complainant shall have the burden of proof to demonstrate the following... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
CFR 76 1404 Multichannel Video and Cable Television Service 76 1404 Use of cable facilities by local exchange carriers a For purposes of 76 505 d 2 the Commission will determine whether use of a cable operator s facilities by a local exchange carrier is reasonably limited in scope and duration according to the procedur... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
select and contract for carriage of specific video programming on an open video system d Activated channels This term shall have the same meaning as provided in the cable television rules 47 CFR 76 5 nn e Shared channel Any channel that carries video programming that is selected by more than one video programming provi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
open video system operator Any person may obtain a certification to operate an open video system pursuant to Section 653 a 1 of the Communications Act 47 U S C 573 a 1 except that an operator of a cable system may not obtain such certification within its cable service area unless it is subject to effective competition ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1275 and must include 1 The applicant s name address and telephone number 2 A statement of ownership including all affiliated entities 3 If the applicant is a cable operator applying for certification in its cable franchise area a statement that the applicant is qualified to operate an open video system under Section 7... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
Form 1275 is filed with the Commission the applicant must serve a copy of its filing on all local communities identified pursuant to paragraph c 6 of this section and must include a statement informing the local communities of the Commission s requirements in paragraph e of this section for filing oppositions and comme... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
certification application will be deemed approved If disapproved the applicant may file a revised certification or refile its original submission with a statement addressing the issues in dispute in accordance with the procedures described in paragraph d of this section Such refilings must be served on any objecting pa... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
manner 1 Notification An open video system operator shall file a Notice of Intent to establish an open video system which the Commission will release in a Public Notice The Notice of Intent must be filed via electronic mail email at the following address OVS fcc gov The subject line shall read Open Video System Notice ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
the designation of channels for public educational and governmental use 2 Information An open video system operator shall provide the following information to a video programming provider within five business days of receiving a written request from the provider unless otherwise included in the Notice of Intent i The p... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
its affiliated video programming providers may not select the video programming services for carriage on more than one third of the activated channel capacity on such system 1 Measuring capacity For purposes of this section i If an open video system carries both analog and digital signals an open video system operator ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
its affiliates are allowed to select the video programming for carriage Such channels shall be included in the one third of capacity on which the open video system operator is permitted to select programming where demand for carriage exceeds system capacity to the extent the open video system operator or its affiliate ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
s activated channel capacity on which the operator of the open video system or its affiliate selects programming Note 1 to paragraph c 2 ii An open video system operator will not be required to comply with the regulations contained in this section if there is no open capacity to be allocated at the end of the three yea... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
2 iii Each video programming provider offering a programming service that is carried on a shared channel must have the contractual permission of the video programming service to offer the service to subscribers The placement of a programming service on a shared channel however is not subject to the approval of the vide... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
a condition of carriage Video programming providers may freely elect whether to enter into co packaging arrangements Note to paragraph c 3 Any video programming provider on an open video system may co package video programming that is selected by itself an affiliated video programming provider and or unaffiliated video... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
its affiliates and where any rate complained of is no higher than the average of the rates paid by unaffiliated programmers receiving carriage from the open video system operator d Examination of rates Complaints regarding rates shall be limited to video programming providers that have sought carriage on the open video... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
the rate can be presumed to exceed a just and reasonable level An open video system operator s price to its subscribers will be determined by several separate costs components One general category are those costs related to the creative development and production of programming A second category are costs associated wi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
FR 43176 Aug 21 1996 76 1505 Public educational and governmental access a An open video system operator shall be subject to public educational and governmental access requirements for every cable franchise area with which its system overlaps b An open video system operator must ensure that all subscribers receive any p... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
upon the open video system operator must pay the local franchising authority the monetary equivalent of the local cable operator s depreciated in kind contribution or in the case of facilities the annual amortization value Any matching contributions provided by the open video system operator must be used to fund activi... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
section 5 The local franchising authority may not impose public educational and governmental access obligations on the open video system operator that would exceed those imposed on the local cable operator 6 Where there is no existing local cable operator the open video system operator must make a reasonable amount of ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
required to displace other programmers using its open video system to accommodate public educational and governmental access channels The open video system operator shall comply with such public educational and governmental access obligations whenever additional capacity is or becomes available whether it is due to inc... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
promoting unlawful conduct shall mean material that is otherwise proscribed by law An open video system operator may require any access user or access manager or administrator agreeing to assume the responsibility of certifying to certify that its programming does not contain any of the materials described above and th... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
not receive television signals from multichannel video programming distributors in the survey area 47 CFR 76 1506 b 2 enhanced display page 229 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1506 c Multichannel Video and Cable Television Service c Significantly viewed signals method to be followed for speci... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of broadcast stations as used in 17 U S C 111 d it will be liable for any increase in copyright fees assessed for distant signal carriage under 17 U S C 111 e Signal carriage obligations Any provision of 76 56 that refers to a cable television system or cable system shall apply to an open video system Any provision of ... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
open video system operator i Compensation for carriage Any provision of 76 60 that refers to a cable operator shall apply to an open video system operator Any provision of 76 60 that refers to a cable system shall apply to an open video system Any provision of 76 60 that refers to a principal headend shall apply to the... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
the same election for open video systems and cable systems serving the same geographic area unless the overlapping open video system is unable to deliver appropriate signals in conformance with the broadcast station s elections for all cable systems serving the same geographic area 4 An open video system commencing new... | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
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