§ 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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