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
(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.
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