Sec.  76.978   Leased access annual reporting requirement.

   (a) Each cable system shall submit a Leased Access Annual Report with the
   Commission on a calendar year basis, no later than April 30th following the
   close of each calendar year, which provides the following information for
   the calendar year:

   (1) The number of commercial leased access channels provided by the cable
   system.

   (2) The channel number and tier applicable to each commercial leased access
   channel.

   (3) The rates the cable system charges for full-time and part-time leased
   access on each leased access channel.

   (4) The cable system's calculated maximum commercial leased access rate and
   actual rates.

   (5) The programmers using each commercial leased access channel and whether
   each programmer is using the channel on a full-time or part-time basis.

   (6) The number of requests received for information pertaining to commercial
   leased access and the number of bona fide proposals received for commercial
   leased access.

   (7) Whether the cable system has denied any requests for commercial leased
   access and, if so, with an explanation of the basis for the denial.

   (8) Whether a complaint has been filed against the cable system with the
   Commission or a Federal district court regarding a commercial leased access
   dispute.

   (9)  Whether  any  entity has sought arbitration with the cable system
   regarding a commercial leased access dispute.

   (10)  The  extent to which and for what purposes the cable system uses
   commercial leased access channels for its own purposes.

   (11) The extent to which the cable system impose different rates, terms, or
   conditions on commercial leased access programmers (such as with respect to
   security deposits, insurance, or termination provisions) with an explanation
   of any differences.

   (12) A list and description of any instances of the cable system requiring
   an existing programmer to move to another channel or tier.

   (b) Leased access programmers and other interested parties may file comments
   with the Commission in response to the Leased Access Annual Reports by May
   15th.

   [ 73 FR 10692 , Feb. 28, 2008]

   Effective Date Note:   At  73 FR 10692 , Feb. 28, 2008,  Sec. 76.978 was added.
   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.