§  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 § 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 § 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 § 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 § 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]