§ 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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