Sec.  76.1507   Competitive access to satellite cable programming.

   (a) Any provision that applies to a cable operator under  Sec.  Sec. 76.1000 through
   76.1003 shall also apply to an operator of an open video system and its
   affiliate which provides video programming on its open video system, except
   as limited by paragraph (a) (1)–(3) of this section. Any such provision that
   applies to a satellite cable programming vendor in which a cable operator
   has  an  attributable interest shall also apply to any satellite cable
   programming  vendor  in  which  an  open  video system operator has an
   attributable interest, except as limited by paragraph (a) (1)–(3) of this
   section.

   (1) Section 76.1002(c)(1) shall only restrict the conduct of an open video
   system operator, its affiliate that provides video programming on its open
   video system and a satellite cable programming vendor in which an open video
   system operator has an attributable interest, as follows: No open video
   system operator or its affiliate that provides video programming on its open
   video system shall engage in any practice or activity or enter into any
   understanding  or  arrangement,  including exclusive contracts, with a
   satellite cable programming vendor or satellite broadcast programming vendor
   for satellite cable programming or satellite broadcast programming that
   prevents a multichannel video programming distributor from obtaining such
   programming from any satellite cable programming vendor in which an open
   video  system  operator has an attributable interest, or any satellite
   broadcasting  vendor  in  which  an  open video system operator has an
   attributable interest for distribution to person in areas not served by a
   cable operator as of October 5, 1992.

   (2) Section 76.1002(c)(2) shall only restrict the conduct of an open video
   system operator, its affiliate that provides video programming on its open
   video system and a satellite cable programming vendor in which an open video
   system operator has an attributable interest, as follows: No open video
   system operator or its affiliate that provides video programming on its open
   video system shall enter into any exclusive contracts, or engage in any
   practice, activity or arrangement tantamount to an exclusive contract, for
   satellite  cable programming or satellite broadcast programming with a
   satellite cable programming vendor in which an open video system operator
   has an attributable interest or a satellite broadcast programming vendor,
   unless the Commission determines in accordance with  Sec. 76.1002(c)(4) that such
   a contract, practice, activity or arrangement is in the public interest.

   (3) Section 76.1002(c)(3) (i) through (ii) shall only restrict the conduct
   of  an  open  video system operator, its affiliate that provides video
   programming on its open video system and a satellite cable programming
   vendor in which an open video system operator has an attributable interest,
   as follows:

   (i) Unserved areas. No open video system operator shall enter into any
   subdistribution agreement or arrangement for satellite cable programming or
   satellite broadcast programming with a satellite cable programming vendor in
   which  an open video system operator has an attributable interest or a
   satellite  broadcast  programming vendor in which an open video system
   operator has an attributable interest for distribution to persons in areas
   not served by a cable operator as of October 5, 1992.

   (ii)  Served areas. No open video system operator shall enter into any
   subdistribution agreement or arrangement for satellite cable programming or
   satellite broadcast programming with a satellite cable programming vendor in
   which  an open video system operator has an attributable interest or a
   satellite  broadcast  programming vendor in which an open video system
   operator has an attributable interest, with respect to areas served by a
   cable operator, unless such agreement or arrangement complies with the
   limitations set forth in  Sec. 76.1002(c)(3)(iii).

   (b) No open video system programming provider in which a cable operator has
   an attributable interest shall:

   (1) Engage in any practice or activity or enter into any understanding or
   arrangement,  including  exclusive  contracts,  with a satellite cable
   programming vendor or satellite broadcast programming vendor for satellite
   cable  programming  or satellite broadcast programming that prevents a
   multichannel video programming distributor from obtaining such programming
   from any satellite cable programming vendor in which a cable operator has an
   attributable interest, or any satellite broadcasting vendor in which a cable
   operator has an attributable interest for distribution to person in areas
   not served by a cable operator as of October 5, 1992.

   (2) Enter into any exclusive contracts, or engage in any practice, activity
   or arrangement tantamount to an exclusive contract, for satellite cable
   programming  or satellite broadcast programming with a satellite cable
   programming vendor in which a cable operator has an attributable interest or
   a satellite broadcast programming vendor, unless the Commission determines
   in accordance with Section 76.1002(c)(4) that such a contract, practice,
   activity or arrangement is in the public interest.