§  76.977   Minority and educational programming used in lieu of designated
commercial leased access capacity.

   (a) A cable operator required by this section to designate channel
   capacity for commercial use pursuant to 47 U.S.C. 532, may use any such
   channel capacity for the provision of programming from a qualified
   minority programming source or from any qualified educational
   programming sources, whether or not such source is affiliated with
   cable operator. The channel capacity used to provide programming from a
   qualified minority programming source or from any qualified educational
   programming source pursuant to this section may not exceed 33 percent
   of the channel capacity designated pursuant to 47 U.S.C. 532 and must
   be located on a tier with more than 50 percent subscriber penetration.

   (b) For purposes of this section, a qualified minority programming
   source is a programming source that devotes substantially all of its
   programming to coverage of minority viewpoints, or to programming
   directed at members of minority groups, and which is over 50 percent
   minority-owned.

   (c) For purposes of this section, a qualified educational programming
   source is a programming source that devotes substantially all of its
   programming to educational or instructional programming that promotes
   public understanding of mathematics, the sciences, the humanities, or
   the arts and has a documented annual expenditure on programming
   exceeding $15 million. The annual expenditure on programming means all
   annual costs incurred by the programming source to produce or acquire
   programs which are scheduled to be televised, and specifically excludes
   marketing, promotion, satellite transmission and operational costs, and
   general administrative costs.

   (d) For purposes of paragraphs (b) and (c) of this section,
   substantially all means that 90% or more of the programming offered
   must be devoted to minority or educational purposes, as defined in
   paragraphs (b) and (c) of this section, respectively.

   (e) For purposes of paragraph (b) of this section, “minority” is
   defined as in 47 U.S.C. 309(i)(3)(c)(ii) to include Blacks, Hispanics,
   American Indians, Alaska Natives, Asians and Pacific Islanders.

   [ 58 FR 29753 , May 21, 1993, as amended at  62 FR 11382 , Mar. 12, 1997]