§  76.1508   Network non-duplication.

   (a) Sections 76.92 through 76.97 shall apply to open video systems in
   accordance with the provisions contained in this section.

   (b) Any provision of §  76.92 that refers to a “cable community unit” or
   “community unit” shall apply to an open video system or that portion of
   an open video system that operates or will operate within a separate
   and distinct community or municipal entity (including unincorporated
   communities within unincorporated areas and including single, discrete
   unincorporated areas). Any provision of §  76.92 that refers to a “cable
   television community” shall apply to an open video system community.
   Any provision of §  76.92 that refers to a “cable television system's
   mandatory signal carriage obligations” shall apply to an open video
   system's mandatory signal carriage obligations.

   (c) Any provision of §  76.94 that refers to a “cable system operator”
   or “cable television system operator” shall apply to an open video
   system operator. Any provision of §  76.94 that refers to a “cable
   system” or “cable television system” shall apply to an open video
   system except §  76.94 (e) and (f) which shall apply to an open video
   system operator. Open video system operators shall make all
   notifications and information regarding the exercise of network
   non-duplication rights immediately available to all appropriate video
   programming provider on the system. An open video system operator shall
   not be subject to sanctions for any violation of these rules by an
   unaffiliated program supplier if the operator provided proper notices
   to the program supplier and subsequently took prompt steps to stop the
   distribution of the infringing program once it was notified of a
   violation.

   (d) Any provision of §  76.95 that refers to a “cable system” or a
   “cable community unit” shall apply to an open video system or that
   portion of an open video system that operates or will operate within a
   separate and distinct community or municipal entity (including
   unincorporated communities within unincorporated areas and including
   single, discrete unincorporated areas).

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