Goto Section: 76.1000 | 76.1002 | Table of Contents
FCC 76.1001
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.1001 Unfair practices generally.
(a) Unfair practices generally. No cable operator, satellite cable
programming vendor in which a cable operator has an attributable interest,
or satellite broadcast programming vendor shall engage in unfair methods of
competition or unfair or deceptive acts or practices, the purpose or effect
of which is to hinder significantly or prevent any multichannel video
programming distributor from providing satellite cable programming or
satellite broadcast programming to subscribers or consumers.
(b) Unfair practices involving terrestrial cable programming and terrestrial
cable programming vendors. (1) The phrase “unfair methods of competition or
unfair or deceptive acts or practices” as used in paragraph (a) of this
section includes, but is not limited to, the following:
(i) Any effort or action by a cable operator that has an attributable
interest in a terrestrial cable programming vendor to unduly or improperly
influence the decision of such vendor to sell, or unduly or improperly
influence such vendor's prices, terms, and conditions for the sale of,
terrestrial cable programming to any unaffiliated multichannel video
programming distributor.
(ii) Discrimination in the prices, terms, or conditions of sale or delivery
of terrestrial cable programming among or between competing cable systems,
competing cable operators, or any competing multichannel video programming
distributors, or their agents or buying groups, by a terrestrial cable
programming vendor that is wholly owned by, controlled by, or under common
control with a cable operator or cable operators, satellite cable
programming vendor or vendors in which a cable operator has an attributable
interest, or satellite broadcast programming vendor or vendors; except that
the phrase does not include the practices set forth in § 76.1002(b)(1)
through (3). The cable operator or cable operators, satellite cable
programming vendor or vendors in which a cable operator has an attributable
interest, or satellite broadcast programming vendor or vendors that wholly
own or control, or are under common control with, such terrestrial cable
programming vendor shall be deemed responsible for such discrimination and
any complaint based on such discrimination shall be filed against such cable
operator, satellite cable programming vendor, or satellite broadcast
programming vendor.
(iii) Exclusive contracts, or any practice, activity, or arrangement
tantamount to an exclusive contract, for terrestrial cable programming
between a cable operator and a terrestrial cable programming vendor in which
a cable operator has an attributable interest.
(2) Any multichannel video programming distributor aggrieved by conduct
described in paragraph (b)(1) of this section that it believes constitutes a
violation of paragraph (a) of this section may commence an adjudicatory
proceeding at the Commission to obtain enforcement of the rules through the
filing of a complaint. The complaint shall be filed and responded to in
accordance with the procedures specified in § 76.7, as modified by § 76.1003,
with the following additions or changes:
(i) The defendant shall answer the complaint within forty-five (45) days of
service of the complaint, unless otherwise directed by the Commission.
(ii) The complainant shall have the burden of proof that the defendant's
alleged conduct described in paragraph (b)(1) of this section has the
purpose or effect of hindering significantly or preventing the complainant
from providing satellite cable programming or satellite broadcast
programming to subscribers or consumers. An answer to such a complaint shall
set forth the defendant's reasons to support a finding that the complainant
has not carried this burden.
(iii) A complainant alleging that a terrestrial cable programming vendor has
engaged in conduct described in paragraph (b)(1)(ii) of this section shall
have the burden of proof that the terrestrial cable programming vendor is
wholly owned by, controlled by, or under common control with a cable
operator or cable operators, satellite cable programming vendor or vendors
in which a cable operator has an attributable interest, or satellite
broadcast programming vendor or vendors. An answer to such a complaint shall
set forth the defendant's reasons to support a finding that the complainant
has not carried this burden.
[ 75 FR 9723 , Mar. 3, 2010]
return arrow Back to Top
Goto Section: 76.1000 | 76.1002
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public