§  76.1004   Applicability of program access rules to common carriers and
affiliates.

   (a) Any provision that applies to a cable operator under § § 76.1000
   through 76.1003 shall also apply to a common carrier or its affiliate
   that provides video programming by any means directly to subscribers.
   Any such provision that applies to a satellite cable programming vendor
   in which a cable operator has an attributable interest shall apply to
   any satellite cable programming vendor in which such common carrier has
   an attributable interest. For the purposes of this section, two or
   fewer common officers or directors shall not by itself establish an
   attributable interest by a common carrier in a satellite cable
   programming vendor (or its parent company).

   (b) Sections 76.1002(c)(1) through (3) shall be applied to a common
   carrier or its affiliate that provides video programming by any means
   directly to subscribers in such a way that such common carrier or its
   affiliate shall be generally restricted from entering into an exclusive
   arrangement for satellite cable programming or satellite broadcast
   programming with a satellite cable programming vendor in which a common
   carrier or its affiliate has an attributable interest or a satellite
   broadcast programming vendor in which a common carrier or its affiliate
   has an attributable interest, unless the arrangement pertains to an
   area served by a cable system as of October 5, 1992, and the Commission
   determines in accordance with Section § 76.1002(c)(4) that such
   arrangment is in the public interest.

   [ 61 FR 18980 , Apr. 30, 1996, as amended at  61 FR 28708 , June 5, 1996]