§  76.978   Leased access annual reporting requirement.

   (a) Each cable system shall submit a Leased Access Annual Report with
   the Commission on a calendar year basis, no later than April 30th
   following the close of each calendar year, which provides the following
   information for the calendar year:

   (1) The number of commercial leased access channels provided by the
   cable system.

   (2) The channel number and tier applicable to each commercial leased
   access channel.

   (3) The rates the cable system charges for full-time and part-time
   leased access on each leased access channel.

   (4) The cable system's calculated maximum commercial leased access rate
   and actual rates.

   (5) The programmers using each commercial leased access channel and
   whether each programmer is using the channel on a full-time or
   part-time basis.

   (6) The number of requests received for information pertaining to
   commercial leased access and the number of bona fide proposals received
   for commercial leased access.

   (7) Whether the cable system has denied any requests for commercial
   leased access and, if so, with an explanation of the basis for the
   denial.

   (8) Whether a complaint has been filed against the cable system with
   the Commission or a Federal district court regarding a commercial
   leased access dispute.

   (9) Whether any entity has sought arbitration with the cable system
   regarding a commercial leased access dispute.

   (10) The extent to which and for what purposes the cable system uses
   commercial leased access channels for its own purposes.

   (11) The extent to which the cable system impose different rates,
   terms, or conditions on commercial leased access programmers (such as
   with respect to security deposits, insurance, or termination
   provisions) with an explanation of any differences.

   (12) A list and description of any instances of the cable system
   requiring an existing programmer to move to another channel or tier.

   (b) Leased access programmers and other interested parties may file
   comments with the Commission in response to the Leased Access Annual
   Reports by May 15th.

   [ 73 FR 10692 , Feb. 28, 2008]

   Effective Date Note:   At  73 FR 10692 , Feb. 28, 2008, § 76.978 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.