Goto Section: 76.985 | 76.987 | Table of Contents
FCC 76.986
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 76.986 “A la carte” offerings.
(a) Collective offerings of unregulated per-channel or per-program (“a la
carte”) video programming shall be regulated as CPSTs pursuant to Sec. 76.922.
For purposes of this section, “multiplexed” channels shall be treated as one
channel.
(b) A discounted package price offered by a cable system is not unreasonable
with respect to any collective offering of channels if the component
channels' collective offering also have been continuously available on the
system on a per channel basis since April 1, 1993.
(c) A collective offering of per channel offerings may be treated as New
Product Tier if:
(1) The collective offering meets the conditions set forth in Sec. 76.987; or
(2) The operator had reasonable grounds to believe the collective offering
involving only a small number of migrated channels complied with the
Commission's requirements as of the date it was first offered.
(d) In reviewing a basic service rate filing, local franchising authorities
may make an initial decision addressing whether a collective offering of “a
la carte” channels will be treated as a cable programming service tier that
is an NPT under Sec. 76.987 or a CPST that is regulated under Sec. 76.922. The
franchising authority must make this initial decision within the 30 day
period established for review of basic cable rates and equipment costs in
Sec. 76.933(a), or within the first 60 days of an extended 120 day period (if
the franchise authority has requested an additional 90 days) pursuant to
Sec. 76.933(b). The franchising authority shall provide notice of its decision
to the cable system and shall provide public notice of its initial decision
within seven days pursuant to local procedural rules for public notice.
Operators or consumers may make an interlocutory appeal of the initial
decision to the Commission within 14 days of the initial decision. Operators
shall provide notice to franchise authorities of their decision whether or
not to appeal to the Commission within this period. Consumers shall provide
notice to franchise authorities of their decision to appeal to the
Commission within this period.
(e) A limited initial decision under paragraph (b) of this section shall
toll the time periods under Sec. 76.933 within which local authorities must
decide local rate cases. The time period shall resume running seven days
after the Commission decides the interlocutory appeal, or seven days
following the expiration of the period in which an interlocutory appeal
pursuant to paragraph (b) of this section may be filed.
(f) A local franchising authority alternatively may decide whether a
collective offering of “a la carte” channels will be treated as an NPT as a
part of its final decision setting rates for the basic service tier. That
decision may then be appealed to the Commission as provided for under
Sec. 76.945.
[ 59 FR 62625 , Dec. 6, 1994]
Goto Section: 76.985 | 76.987
Goto Year: 2006 |
2008
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