Sec. 76.921  Buy-through of other tiers prohibited.

    (a) No cable system operator, other than an operator subject to 
effective competition, may require the subscription to any tier other 
than the basic service tier as a condition of subscription to video 
programming offered on a per channel or per program charge basis. A 
cable operator may, however, require the subscription to one or more 
tiers of cable programming services as a condition of access to one or 
more tiers of cable programming services.
    (b) A cable operator not subject to effective competition may not 
discriminate between subscribers to the basic service tier and other 
subscribers with regard to the rates charged for video programming 
offered on a per-channel or per-program charge basis.
    (c) With respect to cable systems not subject to effective 
competition, prior to October 5, 2002, the provisions of paragraph (a) 
of this section shall not apply to any cable system that lacks the 
capacity to offer basic service and all programming distributed on a per 
channel or per program basis without also providing other intermediate 
tiers of service:
    (1) By controlling subscriber access to nonbasic channels of service 
through addressable equipment electronically controlled from a central 
control point; or
    (2) Through the installation, noninstallation, or removal of 
frequency filters (traps) at the premises of subscribers without other 
alteration in system configuration or design and without causing 
degradation in the technical quality of service provided.
    (d) With respect to cable systems not subject to effective 
competition, any retiering of channels or services that is not 
undertaken in order to accomplish legitimate regulatory, technical, or 
customer service objectives and that is intended to frustrate or has the 
effect of frustrating compliance with paragraphs (a) through (c) of this 
section is prohibited.

[ 62 FR 6495 , Feb. 12, 1997]