§  76.984   Geographically uniform rate structure.

   (a) The rates charged by cable operators for basic service, cable
   programming service, and associated equipment and installation shall be
   provided pursuant to a rate structure that is uniform throughout each
   franchise area in which cable service is provided.

   (b) This section does not prohibit the establishment by cable operators
   of reasonable categories of service and customers with separate rates
   and terms and conditions of service, within a franchise area.

   (c) This section does not apply to:

   (1) A cable operator with respect to the provision of cable service
   over its cable system in any geographic area in which the video
   programming services offered by the operator in that area are subject
   to effective competition, or

   (2) Any video programming offered on a per channel or per program
   basis.

   (3) Bulk discounts to multiple dwelling units shall not be subject to
   this section, except that a cable operator of a cable system that is
   not subject to effective competition may not charge predatory prices to
   a multiple dwelling unit. Upon a prima facie showing by a complainant
   that there are reasonable grounds to believe that the discounted price
   is predatory, the cable system shall have the burden of showing that
   its discounted price is not predatory.

   Note 1 to paragraph (c)(3): Discovery procedures for predatory pricing
   complaints. Requests for discovery will be addressed pursuant to the
   procedures specified in § 76.7(f).

   Note 2 to paragraph (c)(3): Confidential information. Parties
   submitting material believed to be exempt from disclosure pursuant to
   the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and the
   Commission's rules, § 0.457 of this chapter, should follow the
   procedures in § 0.459 of this chapter and § 76.9.

   [ 59 FR 17975 , Apr. 15, 1994, as amended at  61 FR 18979 , Apr. 30, 1996;
    64 FR 35951 , July 2, 1999]