§  76.1001   Unfair practices generally.

   (a) Unfair practices generally. No cable operator, satellite cable
   programming vendor in which a cable 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 programming or satellite broadcast programming to subscribers or
   consumers.

   (b) Unfair practices involving terrestrial cable programming and
   terrestrial cable programming vendors. (1) The phrase "unfair methods
   of competition or unfair or deceptive acts or practices" as used in
   paragraph (a) of this section includes, but is not limited to, the
   following:

   (i) Any effort or action by a cable operator that has an attributable
   interest in a terrestrial cable programming vendor to unduly or
   improperly influence the decision of such vendor to sell, or unduly or
   improperly influence such vendor's prices, terms, and conditions for
   the sale of, terrestrial cable programming to any unaffiliated
   multichannel video programming distributor.

   (ii) Discrimination in the prices, terms, or conditions of sale or
   delivery of terrestrial cable programming among or between competing
   cable systems, competing cable operators, or any competing multichannel
   video programming distributors, or their agents or buying groups, by a
   terrestrial cable programming vendor that 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 vendor or vendors; except that the phrase does not include
   the practices set forth in §  76.1002(b)(1) through (3). The cable
   operator or cable operators, satellite cable programming vendor or
   vendors in which a cable operator has an attributable interest, or
   satellite broadcast programming vendor or vendors that wholly own or
   control, or are under common control with, such terrestrial cable
   programming vendor shall be deemed responsible for such discrimination
   and any complaint based on such discrimination shall be filed against
   such cable operator, satellite cable programming vendor, or satellite
   broadcast programming vendor.

   (iii) Exclusive contracts, or any practice, activity, or arrangement
   tantamount to an exclusive contract, for terrestrial cable programming
   between a cable operator and a terrestrial cable programming vendor in
   which a cable operator has an attributable interest.

   (2) Any multichannel video programming distributor aggrieved by conduct
   described in paragraph (b)(1) of this section that it believes
   constitutes a violation of paragraph (a) of this section may commence
   an adjudicatory proceeding at the Commission to obtain enforcement of
   the rules through the filing of a complaint. The complaint shall be
   filed and responded to in accordance with the procedures specified in
   §  76.7, as modified by §  76.1003, with the following additions or
   changes:

   (i) The defendant shall answer the complaint within forty-five (45)
   days of service of the complaint, unless otherwise directed by the
   Commission.

   (ii) The complainant shall have the burden of proof that the
   defendant's alleged conduct described in paragraph (b)(1) of this
   section has the purpose or effect of hindering significantly or
   preventing the complainant from providing satellite cable programming
   or satellite broadcast programming to subscribers or consumers. An
   answer to such a complaint shall set forth the defendant's reasons to
   support a finding that the complainant has not carried this burden.

   (iii) A complainant alleging that a terrestrial cable programming
   vendor has engaged in conduct described in paragraph (b)(1)(ii) of this
   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 vendor or
   vendors. An answer to such a complaint shall set forth the defendant's
   reasons to support a finding that the complainant has not carried this
   burden.

   [ 75 FR 9723 , Mar. 3, 2010]

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