Sec. 76.1507  Competitive access to satellite cable programming.

    (a) Any provision that applies to a cable operator under 
Secs. 76.1000 through 76.1003 shall also apply to an operator of an open 
video system and its affiliate which provides video programming on its 
open video system, except as limited by paragraph (a) (1)-(3) of this

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section. Any such provision that applies to a satellite cable 
programming vendor in which a cable operator has an attributable 
interest shall also apply to any satellite cable programming vendor in 
which an open video system operator has an attributable interest, except 
as limited by paragraph (a) (1)-(3) of this section.
    (1) Section 76.1002(c)(1) shall only restrict the conduct of an open 
video system operator, its affiliate that provides video programming on 
its open video system and a satellite cable programming vendor in which 
an open video system operator has an attributable interest, as follows: 
No open video system operator or its affiliate that provides video 
programming on its open video system shall engage in any practice or 
activity or enter into any understanding or arrangement, including 
exclusive contracts, with a satellite cable programming vendor or 
satellite broadcast programming vendor for satellite cable programming 
or satellite broadcast programming that prevents a multichannel video 
programming distributor from obtaining such programming from any 
satellite cable programming vendor in which an open video system 
operator has an attributable interest, or any satellite broadcasting 
vendor in which an open video system operator has an attributable 
interest for distribution to person in areas not served by a cable 
operator as of October 5, 1992.
    (2) Section 76.1002(c)(2) shall only restrict the conduct of an open 
video system operator, its affiliate that provides video programming on 
its open video system and a satellite cable programming vendor in which 
an open video system operator has an attributable interest, as follows: 
No open video system operator or its affiliate that provides video 
programming on its open video system shall enter into any exclusive 
contracts, or engage in any practice, activity or arrangement tantamount 
to an exclusive contract, for satellite cable programming or satellite 
broadcast programming with a satellite cable programming vendor in which 
an open video system operator has an attributable interest or a 
satellite broadcast programming vendor, unless the Commission determines 
in accordance with Sec. 76.1002(c)(4) that such a contract, practice, 
activity or arrangement is in the public interest.
    (3) Section 76.1002(c)(3) (i) through (ii) shall only restrict the 
conduct of an open video system operator, its affiliate that provides 
video programming on its open video system and a satellite cable 
programming vendor in which an open video system operator has an 
attributable interest, as follows:
    (i) Unserved areas. No open video system operator shall enter into 
any subdistribution agreement or arrangement for satellite cable 
programming or satellite broadcast programming with a satellite cable 
programming vendor in which an open video system operator has an 
attributable interest or a satellite broadcast programming vendor in 
which an open video system operator has an attributable interest for 
distribution to persons in areas not served by a cable operator as of 
October 5, 1992.
    (ii) Served areas. No open video system operator shall enter into 
any subdistribution agreement or arrangement for satellite cable 
programming or satellite broadcast programming with a satellite cable 
programming vendor in which an open video system operator has an 
attributable interest or a satellite broadcast programming vendor in 
which an open video system operator has an attributable interest, with 
respect to areas served by a cable operator, unless such agreement or 
arrangement complies with the limitations set forth in 
Sec. 76.1002(c)(3)(iii).
    (b) No open video system programming provider in which a cable 
operator has an attributable interest shall:
    (1) engage in any practice or activity or enter into any 
understanding or arrangement, including exclusive contracts, with a 
satellite cable programming vendor or satellite broadcast programming 
vendor for satellite cable programming or satellite broadcast 
programming that prevents a multichannel video programming distributor 
from obtaining such programming from any satellite cable programming 
vendor in which a cable operator has an attributable interest, or any 
satellite broadcasting vendor in which a cable operator has an 
attributable interest for distribution to person in areas not

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served by a cable operator as of October 5, 1992.
    (2) enter into any exclusive contracts, or engage in any practice, 
activity or arrangement tantamount to an exclusive contract, for 
satellite cable programming or satellite broadcast programming with a 
satellite cable programming vendor in which a cable operator has an 
attributable interest or a satellite broadcast programming vendor, 
unless the Commission determines in accordance with Section 
76.1002(c)(4) that such a contract, practice, activity or arrangement is 
in the public interest.