Sec. 76.984  Geographically uniform rate structure.

    (a) The rates charged by cable operators for basic service, cable 
programming service, and associated equipment and installation shall be 
provided pursuant to a rate structure that is uniform throughout each 
franchise area in which cable service is provided.

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    (b) This section does not prohibit the establishment by cable 
operators of reasonable categories of service and customers with 
separate rates and terms and conditions of service, within a franchise 
area. Cable operators may offer different rates to multiple dwelling 
units of different sizes and may set rates based on the duration of the 
contract, provided that the operator can demonstrate that its costs 
savings vary with the size of the building and the duration of the 
contract, and as long as the same rate is offered to buildings of the 
same size with contracts of similar duration.
    (c) This section does not apply to:
    (1) A cable operator with respect to the provision of cable service 
over its cable system in any geographic area in which the video 
programming services offered by the operator in that area are subject to 
effective competition, or
    (2) Any video programming offered on a per channel or per program 
basis. Bulk discounts to multiple dwelling units shall not be subject to 
this section, except that a cable operator of a cable system that is not 
subject to effective competition may not charge predatory prices to a 
multiple dwelling unit. Upon a prima facie showing by a complainant that 
there are reasonable grounds to believe that the discounted price is 
predatory, the cable system shall have the burden of showing that its 
discounted price is not predatory.

[ 59 FR 17975 , Apr. 15, 1994, as amended at  61 FR 18979 , Apr. 30, 1996]