§  76.1508   Network non-duplication.

   (a) Sections 76.92 through 76.95 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).

   [ 61 FR 28708 , June 5, 1996, as amended at  83 FR 7630 , Feb. 22, 2018]