Sec. 76.1004  Applicability of program access rules to common carriers 
          and affiliates.

    (a) Any provision that applies to a cable operator under 
Secs. 76.1000 through 76.1003 shall also apply to a common carrier or 
its affiliate that provides video programming by any means directly to 
subscribers. Any such provision that applies to a satellite cable 
programming vendor in which a cable operator has an attributable 
interest shall apply to any satellite cable programming vendor in which 
such common carrier has an attributable interest. For the purposes of 
this section, two or fewer common officers or directors shall not by 
itself establish an attributable interest by a common carrier in a 
satellite cable programming vendor (or its parent company).
    (b) Sections 76.1002(c)(1) through (3) shall be applied to a common 
carrier or its affiliate that provides video programming by any means 
directly to subscribers in such a way that such common carrier or its 
affiliate shall be generally restricted from entering into an exclusive 
arrangement for satellite cable programming or satellite broadcast 
programming with a satellite cable programming vendor in which a common 
carrier or its affiliate has an attributable interest or a satellite 
broadcast programming vendor in which a common carrier or its affiliate 
has an attributable interest, unless the arrangement pertains to an area 
served by a cable system as of October 5, 1992, and the Commission 
determines in accordance with Section Sec. 76.1002(c)(4) that such 
arrangment is in the public interest.

[ 61 FR 18980 , Apr. 30, 1996, as amended at  61 FR 28708 , June 5, 1996]

Secs. 76.1005--76.1010  [Reserved]

                          Subpart P  [Reserved]

              Subpart Q--Regulation of Carriage Agreements

    Source:  58 FR 60395 , Nov. 16, 1993, unless otherwise noted.