§  76.986   “A la carte” offerings.

   (a) Collective offerings of unregulated per-channel or per-program (“a
   la carte”) video programming shall be regulated as CPSTs pursuant to
   § 76.922. For purposes of this section, “multiplexed” channels shall be
   treated as one channel.

   (b) A discounted package price offered by a cable system is not
   unreasonable with respect to any collective offering of channels if the
   component channels' collective offering also have been continuously
   available on the system on a per channel basis since April 1, 1993.

   (c) A collective offering of per channel offerings may be treated as
   New Product Tier if:

   (1) The collective offering meets the conditions set forth in § 76.987;
   or

   (2) The operator had reasonable grounds to believe the collective
   offering involving only a small number of migrated channels complied
   with the Commission's requirements as of the date it was first offered.

   (d) In reviewing a basic service rate filing, local franchising
   authorities may make an initial decision addressing whether a
   collective offering of “a la carte” channels will be treated as a cable
   programming service tier that is an NPT under § 76.987 or a CPST that is
   regulated under § 76.922. The franchising authority must make this
   initial decision within the 30 day period established for review of
   basic cable rates and equipment costs in § 76.933(a), or within the
   first 60 days of an extended 120 day period (if the franchise authority
   has requested an additional 90 days) pursuant to § 76.933(b). The
   franchising authority shall provide notice of its decision to the cable
   system and shall provide public notice of its initial decision within
   seven days pursuant to local procedural rules for public notice.
   Operators or consumers may make an interlocutory appeal of the initial
   decision to the Commission within 14 days of the initial decision.
   Operators shall provide notice to franchise authorities of their
   decision whether or not to appeal to the Commission within this period.
   Consumers shall provide notice to franchise authorities of their
   decision to appeal to the Commission within this period.

   (e) A limited initial decision under paragraph (b) of this section
   shall toll the time periods under § 76.933 within which local
   authorities must decide local rate cases. The time period shall resume
   running seven days after the Commission decides the interlocutory
   appeal, or seven days following the expiration of the period in which
   an interlocutory appeal pursuant to paragraph (b) of this section may
   be filed.

   (f) A local franchising authority alternatively may decide whether a
   collective offering of “a la carte” channels will be treated as an NPT
   as a part of its final decision setting rates for the basic service
   tier. That decision may then be appealed to the Commission as provided
   for under § 76.945.

   [ 59 FR 62625 , Dec. 6, 1994]