§  76.921   Buy-through of other tiers prohibited.

   (a) No cable system operator, other than an operator subject to
   effective competition, may require the subscription to any tier other
   than the basic service tier as a condition of subscription to video
   programming offered on a per channel or per program charge basis. A
   cable operator may, however, require the subscription to one or more
   tiers of cable programming services as a condition of access to one or
   more tiers of cable programming services.

   (b) A cable operator not subject to effective competition may not
   discriminate between subscribers to the basic service tier and other
   subscribers with regard to the rates charged for video programming
   offered on a per-channel or per-program charge basis.

   (c) With respect to cable systems not subject to effective competition,
   prior to October 5, 2002, the provisions of paragraph (a) of this
   section shall not apply to any cable system that lacks the capacity to
   offer basic service and all programming distributed on a per channel or
   per program basis without also providing other intermediate tiers of
   service:

   (1) By controlling subscriber access to nonbasic channels of service
   through addressable equipment electronically controlled from a central
   control point; or

   (2) Through the installation, noninstallation, or removal of frequency
   filters (traps) at the premises of subscribers without other alteration
   in system configuration or design and without causing degradation in
   the technical quality of service provided.

   (d) With respect to cable systems not subject to effective competition,
   any retiering of channels or services that is not undertaken in order
   to accomplish legitimate regulatory, technical, or customer service
   objectives and that is intended to frustrate or has the effect of
   frustrating compliance with paragraphs (a) through (c) of this section
   is prohibited.

   [ 62 FR 6495 , Feb. 12, 1997]