Goto Section: 76.1301 | 76.1400 | Table of Contents
FCC 76.1302
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.1302 Carriage agreement proceedings.
Link to an amendment published at 76 FR 60673 , September 29, 2011.
(a) Complaints. Any video programming vendor or multichannel video
programming distributor aggrieved by conduct that it believes
constitute a violation of the regulations set forth in this subpart may
commence an adjudicatory proceeding at the Commission to obtain
enforcement of the rules through the filing of a complaint. The
complaint shall be filed and responded to in accordance with the
procedures specified in § 76.7 of this part with the following
additions or changes:
(b) Prefiling notice required. Any aggrieved video programming vendor
or multichannel video programming distributor intending to file a
complaint under this section must first notify the potential defendant
multichannel video programming distributor that it intends to file a
complaint with the Commission based on actions alleged to violate one
or more of the provisions contained in § 76.1301 of this part. The
notice must be sufficiently detailed so that its recipient(s) can
determine the specific nature of the potential complaint. The potential
complainant must allow a minimum of ten (10) days for the potential
defendant(s) to respond before filing a complaint with the Commission.
(c) Contents of complaint. In addition to the requirements of § 76.7 of
this part, a carriage agreement complaint shall contain:
(1) The type of multichannel video programming distributor that
describes complainant, the address and telephone number of the
complainant, and the address and telephone number of each defendant;
(2) Evidence that supports complainant's belief that the defendant,
where necessary, meets the attribution standards for application of the
carriage agreement regulations;
(3) For complaints alleging a violation of § 76.1301(c) of this part,
evidence that supports complainant's claim that the effect of the
conduct complained of is to unreasonably restrain the ability of the
complainant to compete fairly.
(4) The complaint must be accompanied by appropriate evidence
demonstrating that the required notification pursuant to paragraph (b)
of this section has been made.
(d) Answer. (1) Any multichannel video programming distributor upon
which a carriage agreement complaint is served under this section shall
answer within thirty (30) days of service of the complaint, unless
otherwise directed by the Commission.
(2) The answer shall address the relief requested in the complaint,
including legal and documentary support, for such response, and may
include an alternative relief proposal without any prejudice to any
denials or defenses raised.
(e) Reply. Within twenty (20) days after service of an answer, unless
otherwise directed by the Commission, the complainant may file and
serve a reply which shall be responsive to matters contained in the
answer and shall not contain new matters.
(f) Time limit on filing of complaints. Any complaint filed pursuant to
this subsection must be filed within one year of the date on which one
of the following events occurs:
(1) The multichannel video programming distributor enters into a
contract with a video programming distributor that a party alleges to
violate one or more of the rules contained in this section; or
(2) The multichannel video programming distributor offers to carry the
video programming vendor's programming pursuant to terms that a party
alleges to violate one or more of the rules contained in this section,
and such offer to carry programming is unrelated to any existing
contract between the complainant and the multichannel video programming
distributor; or
(3) A party has notified a multichannel video programming distributor
that it intends to file a complaint with the Commission based on
violations of one or more of the rules contained in this section.
(g) Remedies for violations --(1) Remedies authorized. Upon completion
of such adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, mandatory carriage of a video
programming vendor's programming on defendant's video distribution
system, or the establishment of prices, terms, and conditions for the
carriage of a video programming vendor's programming. Such order shall
set forth a timetable for compliance, and shall become effective upon
release, unless any order of mandatory carriage would require the
defendant multichannel video programming distributor to delete existing
programming from its system to accommodate carriage of a video
programming vendor's programming. In such instances, if the defendant
seeks review of the staff, or administrative law judge decision, the
order for carriage of a video programming vendor's programming will not
become effective unless and until the decision of the staff or
administrative law judge is upheld by the Commission. If the Commission
upholds the remedy ordered by the staff or administrative law judge in
its entirety, the defendant will be required to carry the video
programming vendor's programming for an additional period equal to the
time elapsed between the staff or administrative law judge decision and
the Commission's ruling, on the terms and conditions approved by the
Commission.
(2) Additional sanctions. The remedies provided in paragraph (g)(1) of
this section are in addition to and not in lieu of the sanctions
available under title V or any other provision of the Communications
Act.
[ 64 FR 6574 , Feb. 10, 1999]
Goto Section: 76.1301 | 76.1400
Goto Year: 2010 |
2012
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