§  76.1509   Syndicated program exclusivity.

   (a) Sections 76.151 through 76.163 shall apply to open video systems in
   accordance with the provisions contained in this section.

   (b) Any provision of §  76.151 that refers to a “cable community unit”
   shall apply to an open video system.

   (c) Any provision of §  76.155 that refers to a “cable system operator”
   or “cable television system operator” shall apply to an open video
   system operator. Any provision of §  76.155 that refers to a “cable
   system” or “cable television system” shall apply to an open video
   system except §  76.155(c) which shall apply to an open video system
   operator. Open video system operators shall make all notifications and
   information regarding exercise of syndicated program exclusivity rights
   immediately available to all appropriate video programming provider on
   the system. An open video system operator shall not be subject to
   sanctions for any violation of these rules by an unaffiliated program
   supplier if the operator provided proper notices to the program
   supplier and subsequently took prompt steps to stop the distribution of
   the infringing program once it was notified of a violation.

   (d) Any provision of §  76.156 that refers to a “cable community” shall
   apply to an open video system community. Any provision of §  76.156 that
   refers to a “cable community unit” or “community unit” shall apply to
   an open video system or that portion of an open video system that
   operates or will operate within a separate and distinct community or
   municipal entity (including unincorporated communities within
   unincorporated areas and including single, discrete unincorporated
   areas). Any provision of § §  76.156 through 76.158, and 76.163 that
   refers to a “cable system” shall apply to an open video system.

   (e) Any provision of §  76.159 that refers to “cable television” or a
   “cable system” shall apply to an open video system.

   (f) Any provision of §  76.161 that refers to a “community unit” shall
   apply to an open video system or that portion of an open video system
   that is affected by this rule.

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