§ 76.984   Geographically uniform rate structure.

   (a)  The  rates  charged  by  cable operators for basic service, cable
   programming service, and associated equipment and installation shall be
   provided  pursuant to a rate structure that is uniform throughout each
   franchise area in which cable service is provided.

   (b) This section does not prohibit the establishment by cable operators of
   reasonable categories of service and customers with separate rates and terms
   and conditions of service, within a franchise area.

   (c) This section does not apply to:

   (1) A cable operator with respect to the provision of cable service over its
   cable system in any geographic area in which the video programming services
   offered by the operator in that area are subject to effective competition,
   or

   (2) Any video programming offered on a per channel or per program basis.

   (3) Bulk discounts to multiple dwelling units shall not be subject to this
   section, except that a cable operator of a cable system that is not subject
   to effective competition may not charge predatory prices to a multiple
   dwelling unit. Upon a prima facie showing by a complainant that there are
   reasonable grounds to believe that the discounted price is predatory, the
   cable system shall have the burden of showing that its discounted price is
   not predatory.

   Note 1 to paragraph (c)(3): Discovery procedures for predatory pricing
   complaints.  Requests  for discovery will be addressed pursuant to the
   procedures specified in § 76.7(f).

   Note 2 to paragraph (c)(3): Confidential information. Parties submitting
   material believed to be exempt from disclosure pursuant to the Freedom of
   Information Act (FOIA), 5 U.S.C. 552(b), and the Commission's rules, § 0.457
   of this chapter, should follow the procedures in § 0.459 of this chapter and
   § 76.9.

   [ 59 FR 17975 , Apr. 15, 1994, as amended at  61 FR 18979 , Apr. 30, 1996;  64 FR 35951 , July 2, 1999]

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