Sec. 76.701  Leased access channels.

    (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, 
as amended, section 612), a cable operator, in accordance with 47 U.S.C. 
532(h) (Cable Consumer Protection and Competition Act of 1992, section 
10(a)), may adopt and enforce prospectively a written and published 
policy of prohibiting programming which, it reasonably believes, 
describes or depicts sexual or excretory activities or organs in a 
patently offensive manner as measured by contemporary community 
standards.
    (b) A cable operator may refuse to transmit any leased access 
program or portion of a leased access program that the operator 
reasonably believes contains obscenity, indecency or nudity.

[ 62 FR 28373 , May 23, 1997]

    Effective Date Note:  At  62 FR 28373 , May 23, 1997, Sec. 76.701 was 
revised. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.