§ 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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