Sec.  76.921   Buy-through of other tiers prohibited.

   (a) No cable system operator, other than an operator subject to effective
   competition, may require the subscription to any tier other than the basic
   service tier as a condition of subscription to video programming offered on
   a per channel or per program charge basis. A cable operator may, however,
   require the subscription to one or more tiers of cable programming services
   as a condition of access to one or more tiers of cable programming services.

   (b)  A  cable  operator  not  subject to effective competition may not
   discriminate  between  subscribers to the basic service tier and other
   subscribers with regard to the rates charged for video programming offered
   on a per-channel or per-program charge basis.

   (c) With respect to cable systems not subject to effective competition,
   prior to October 5, 2002, the provisions of paragraph (a) of this section
   shall not apply to any cable system that lacks the capacity to offer basic
   service and all programming distributed on a per channel or per program
   basis without also providing other intermediate tiers of service:

   (1) By controlling subscriber access to nonbasic channels of service through
   addressable equipment electronically controlled from a central control
   point; or

   (2) Through the installation, noninstallation, or removal of frequency
   filters (traps) at the premises of subscribers without other alteration in
   system  configuration or design and without causing degradation in the
   technical quality of service provided.

   (d) With respect to cable systems not subject to effective competition, any
   retiering  of  channels or services that is not undertaken in order to
   accomplish legitimate regulatory, technical, or customer service objectives
   and  that  is  intended  to frustrate or has the effect of frustrating
   compliance with paragraphs (a) through (c) of this section is prohibited.

   [ 62 FR 6495 , Feb. 12, 1997]