Sec. 76.504  Limits on carriage of vertically integrated programming.

    (a) Except as otherwise provided in this section no cable operator 
shall devote more than 40 percent of its activated channels to the 
carriage of national video programming services owned by the cable 
operator or in which the cable operator has an attributable interest.
    (b) The channel occupancy limits set forth in paragraph (a) of this 
section shall apply only to channel capacity up to 75 channels.
    (c) A cable operator may devote two additional channels or up to 45 
percent of its channel capacity, whichever is greater, to the carriage 
of video programming services owned by the cable operator or in which 
the cable operator has an attributable interest provided such video 
programming services are minority-controlled.
    (d) Cable operators carrying video programming services owned by the 
cable operator or in which the cable operator holds an attributable 
interest in excess of limits set forth in paragraph (a) of this section 
as of December 4, 1992, shall not be precluded by the restrictions in 
this section.
    (e) Cable operators are required to maintain records in their public 
file for a period of three years regarding the nature and extent of 
their attributable interests in all video programming services as well 
as information regarding their carriage of such vertically integrated 
video programming services on cable systems in which they also have an 
attributable interest. These records must be made available to

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local franchise authorities, the Commission, or members of the public on 
reasonable notice and during regular business hours.
    (f) Minority-controlled means more than 50 percent owned by one or 
more members of a minority group.
    (g) Minority means Black, Hispanic, American Indian, Alaska Native, 
Asian and Pacific Islander.
    (h) Attributable interest shall be defined by reference to the 
criteria set forth in the Notes to Sec. 76.501.

[58 1997 FR 60141 , Nov. 15, 1993]