Sec. 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 Sec. 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 Sec. 76.92 that
refers to a ``cable television community'' shall apply to an open video
system community. Any provision of Sec. 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 Sec. 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 Sec. 76.94 that refers to a
``cable system'' or ``cable television system'' shall apply to an open
video system except Sec. 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 Sec. 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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