Sec.  76.701   Leased access channels.

   (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as
   amended, section 612), a cable operator, in accordance with 47 U.S.C. 532(h)
   (Cable Consumer Protection and Competition Act of 1992, section 10(a)), may
   adopt  and  enforce  prospectively  a  written and published policy of
   prohibiting programming which, it reasonably believes, describes or depicts
   sexual or excretory activities or organs in a patently offensive manner as
   measured by contemporary community standards.

   (b) A cable operator may refuse to transmit any leased access program or
   portion of a leased access program that the operator reasonably believes
   contains obscenity, indecency or nudity.

   Note to paragraph(b): “Nudity” in paragraph (b) is interpreted to mean
   nudity that is obscene or indecent.

   [ 62 FR 28373 , May 23, 1997, as amended at  64 FR 35950 , July 2, 1999]