§ 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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