§  76.701   Leased access channels.

   (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as
   amended, section 612), a cable operator, in accordance with 47 U.S.C.
   532(h) (Cable Consumer Protection and Competition Act of 1992, section
   10(a)), may adopt and enforce prospectively a written and published
   policy of prohibiting programming which, it reasonably believes,
   describes or depicts sexual or excretory activities or organs in a
   patently offensive manner as measured by contemporary community
   standards.

   (b) A cable operator may refuse to transmit any leased access program
   or portion of a leased access program that the operator reasonably
   believes contains obscenity, indecency or nudity.

   Note to paragraph (b): “Nudity” in paragraph (b) is interpreted to mean
   nudity that is obscene or indecent.

   [ 62 FR 28373 , May 23, 1997, as amended at  64 FR 35950 , July 2, 1999]