Sec.  76.1004   Applicability of program access rules to common carriers and
affiliates.

   (a) Any provision that applies to a cable operator under  Sec.  Sec. 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).

   (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 in such a way that such common carrier or its affiliate shall be
   generally  restricted  from entering into an exclusive arrangement for
   satellite  cable programming or satellite broadcast programming with a
   satellite  cable  programming  vendor in which a common carrier or its
   affiliate has an attributable interest or a satellite broadcast programming
   vendor  in which a common carrier or its affiliate has an attributable
   interest, unless the arrangement pertains to an area served by a cable
   system as of October 5, 1992, and the Commission determines in accordance
   with Section  Sec. 76.1002(c)(4) that such arrangment is in the public interest.

   [ 61 FR 18980 , Apr. 30, 1996, as amended at  61 FR 28708 , June 5, 1996]