§  76.1507   Competitive access to satellite cable programming.

   (a) Any provision that applies to a cable operator under § § 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 § 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
   § 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.