§ 76.1512   Programming information.

   (a) An open video system operator shall not unreasonably discriminate in
   favor of itself or its affiliates with regard to material or information
   (including advertising) provided by the operator to subscribers for the
   purpose of selecting programming on the open video system, or in the way
   such material or information is provided to subscribers.

   Note to paragraph (a): “Material or information” as used in paragraph (a) of
   this  section  means material or information that a subscriber uses to
   actively select programming at the point of program selection.

   (b) In accordance with paragraph (a) of this section:

   (1) An open video system operator shall not discriminate in favor of itself
   or its affiliate on any navigational device, guide or menu;

   (2)  An open video system operator shall not omit television broadcast
   stations or other unaffiliated video programming services carried on the
   open video system from any navigational device, guide (electronic or paper)
   or menu;

   (3) An open video system operator shall not restrict a video programming
   provider's ability to use part of the provider's channel capacity to provide
   an individualized guide or menu to the provider's subscribers;

   (4) Where an open video system operator provides no navigational device,
   guide or menu, its affiliate's navigational device, guide or menu shall be
   subject to the requirements of Section 653(b)(1)(E) of the Communications
   Act;

   (5) An open video system operator may permit video programming providers,
   including its affiliate, to develop and use their own navigational devices.
   If  an open video system operator permits video programming providers,
   including its affiliate, to develop and use their own navigational devices,
   the  operator  must  create an electronic menu or guide that all video
   programming providers must carry containing a non-discriminatory listing of
   programming providers or programming services available on the system and
   informing the viewer how to obtain additional information on each of the
   services listed;

   (6)  An  open video system operator must grant access, for programming
   providers that do not wish to use their own navigational device, to the
   navigational device used by the open video system operator or its affiliate;
   and

   (7) If an operator provides an electronic guide or menu that complies with
   paragraph (b)(5) of this section, its programming affiliate may create its
   own menu or guide without being subject to the requirements of Section
   653(b)(1)(E) of the Communications Act.

   (c)  An open video system operator shall ensure that video programming
   providers or copyright holders (or both) are able to suitably and uniquely
   identify their programming services to subscribers.

   (d) An open video system operator shall transmit programming identification
   without change or alteration if such identification is transmitted as part
   of the programming signal.

   [ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43177 , Aug. 21, 1996]

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