Sec.  76.1302   Carriage agreement proceedings.

   (a)  Complaints.  Any  video  programming vendor or multichannel video
   programming distributor aggrieved by conduct that it believes constitute a
   violation of the regulations set forth in this subpart may commence an
   adjudicatory proceeding at the Commission to obtain enforcement of the rules
   through  the  filing  of a complaint. The complaint shall be filed and
   responded to in accordance with the procedures specified in  Sec. 76.7 of this
   part with the following additions or changes:

   (b) Prefiling notice required. Any aggrieved video programming vendor or
   multichannel video programming distributor intending to file a complaint
   under this section must first notify the potential defendant multichannel
   video programming distributor that it intends to file a complaint with the
   Commission based on actions alleged to violate one or more of the provisions
   contained in  Sec. 76.1301 of this part. The notice must be sufficiently detailed
   so that its recipient(s) can determine the specific nature of the potential
   complaint. The potential complainant must allow a minimum of ten (10) days
   for the potential defendant(s) to respond before filing a complaint with the
   Commission.

   (c) Contents of complaint. In addition to the requirements of  Sec. 76.7 of this
   part, a carriage agreement complaint shall contain:

   (1) The type of multichannel video programming distributor that describes
   complainant, the address and telephone number of the complainant, and the
   address and telephone number of each defendant;

   (2) Evidence that supports complainant's belief that the defendant, where
   necessary, meets the attribution standards for application of the carriage
   agreement regulations;

   (3)  For  complaints alleging a violation of  Sec. 76.1301(c) of this part,
   evidence that supports complainant's claim that the effect of the conduct
   complained of is to unreasonably restrain the ability of the complainant to
   compete fairly.

   (4) The complaint must be accompanied by appropriate evidence demonstrating
   that the required notification pursuant to paragraph (b) of this section has
   been made.

   (d) Answer. (1) Any multichannel video programming distributor upon which a
   carriage agreement complaint is served under this section shall answer
   within  thirty (30) days of service of the complaint, unless otherwise
   directed by the Commission.

   (2)  The  answer  shall address the relief requested in the complaint,
   including legal and documentary support, for such response, and may include
   an alternative relief proposal without any prejudice to any denials or
   defenses raised.

   (e)  Reply. Within twenty (20) days after service of an answer, unless
   otherwise directed by the Commission, the complainant may file and serve a
   reply which shall be responsive to matters contained in the answer and shall
   not contain new matters.

   (f) Time limit on filing of complaints. Any complaint filed pursuant to this
   subsection must be filed within one year of the date on which one of the
   following events occurs:

   (1) The multichannel video programming distributor enters into a contract
   with a video programming distributor that a party alleges to violate one or
   more of the rules contained in this section; or

   (2) The multichannel video programming distributor offers to carry the video
   programming vendor's programming pursuant to terms that a party alleges to
   violate one or more of the rules contained in this section, and such offer
   to carry programming is unrelated to any existing contract between the
   complainant and the multichannel video programming distributor; or

   (3) A party has notified a multichannel video programming distributor that
   it intends to file a complaint with the Commission based on violations of
   one or more of the rules contained in this section.

   (g) Remedies for violations —(1) Remedies authorized. Upon completion of
   such  adjudicatory  proceeding, the Commission shall order appropriate
   remedies, including, if necessary, mandatory carriage of a video programming
   vendor's  programming on defendant's video distribution system, or the
   establishment of prices, terms, and conditions for the carriage of a video
   programming vendor's programming. Such order shall set forth a timetable for
   compliance, and shall become effective upon release, unless any order of
   mandatory  carriage  would  require  the  defendant multichannel video
   programming distributor to delete existing programming from its system to
   accommodate carriage of a video programming vendor's programming. In such
   instances, if the defendant seeks review of the staff, or administrative law
   judge decision, the order for carriage of a video programming vendor's
   programming will not become effective unless and until the decision of the
   staff  or administrative law judge is upheld by the Commission. If the
   Commission upholds the remedy ordered by the staff or administrative law
   judge in its entirety, the defendant will be required to carry the video
   programming vendor's programming for an additional period equal to the time
   elapsed between the staff or administrative law judge decision and the
   Commission's ruling, on the terms and conditions approved by the Commission.

   (2) Additional sanctions. The remedies provided in paragraph (g)(1) of this
   section are in addition to and not in lieu of the sanctions available under
   title V or any other provision of the Communications Act.

   [ 64 FR 6574 , Feb. 10, 1999]