Sec. 76.1509  Syndicated program exclusivity.

    (a) Sections 76.151 through 76.163 shall apply to open video systems 
in accordance with the provisions contained in this section.
    (b) Any provision of Sec. 76.151 that refers to a ``cable community 
unit'' shall apply to an open video system.
    (c) Any provision of Sec. 76.155 that refers to a ``cable system 
operator'' or ``cable television system operator'' shall apply to an 
open video system operator. Any provision of Sec. 76.155 that refers to 
a ``cable system'' or ``cable television system'' shall apply to an open 
video system except Sec. 76.155(c) which shall apply to an open video 
system operator. Open video system operators shall make all 
notifications and information regarding exercise of syndicated program 
exclusivity 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. 76.156 that refers to a ``cable 
community'' shall apply to an open video system community. Any provision 
of Sec. 76.156 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

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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 
Secs. 76.156 through 76.158, and 76.163 that refers to a ``cable 
system'' shall apply to an open video system.
    (e) Any provision of Sec. 76.159 that refers to ``cable television'' 
or a ``cable system'' shall apply to an open video system.
    (f) Any provision of Sec. 76.161 that refers to a ``community unit'' 
shall apply to an open video system or that portion of an open video 
system that is affected by this rule.