§ 76.1507   Competitive access to satellite cable programming.

   (a) Any provision that applies to a cable operator under § § 76.1000 through
   76.1003 shall also apply to an operator of an open video system and its
   affiliate which provides video programming on its open video system, except
   as limited by paragraph (a) (1)-(3) of this section. Any such provision that
   applies to a satellite cable programming vendor in which a cable operator
   has  an  attributable interest shall also apply to any satellite cable
   programming  vendor  in  which  an  open  video system operator has an
   attributable interest, except as limited by paragraph (a) (1)-(3) of this
   section.

   (1) Section 76.1002(c)(1) shall only restrict the conduct of an open video
   system operator, its affiliate that provides video programming on its open
   video system and a satellite cable programming vendor in which an open video
   system operator has an attributable interest, as follows: No open video
   system operator or its affiliate that provides video programming on its open
   video system 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 an open
   video  system  operator has an attributable interest, or any satellite
   broadcasting  vendor  in  which  an  open video system operator has an
   attributable interest for distribution to person in areas not served by a
   cable operator as of October 5, 1992.

   (2) [Reserved]

   (3) Section 76.1002(c)(3)(i) and (ii) shall only restrict the conduct of an
   open video system operator, its affiliate that provides video programming on
   its open video system and a satellite cable programming vendor in which an
   open video system operator has an attributable interest, as follows: No open
   video system operator shall enter into any subdistribution agreement or
   arrangement  for  satellite  cable  programming or satellite broadcast
   programming with a satellite cable programming vendor in which an open video
   system  operator has an attributable interest or a satellite broadcast
   programming  vendor  in  which  an  open  video system operator has an
   attributable interest for distribution to persons in areas not served by a
   cable operator as of October 5, 1992 unless such agreement or arrangement
   complies with the limitations set forth in § 76.1002(c)(3)(ii).

   (b) No open video system programming provider in which a cable operator has
   an attributable interest 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 cable
   operator has an attributable interest, or any satellite broadcasting vendor
   in which a cable operator has an attributable interest for distribution to
   person in areas not served by a cable operator as of October 5, 1992.

   [ 61 FR 28708 , June 5, 1996, as amended at  77 FR 66048 , Oct. 31, 2012]

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