(a) (1) A cable system operator shall maintain a contact name, telephone number and e-mail address on its Web site and available by telephone of a designated person to respond to requests for information about leased access channels.
(2) A cable system operator shall maintain a brief explanation of the leased access statute and regulations on its Web site.
(b) Cable system operators shall provide prospective leased access programmers with the following information within three business days of the date on which a request for leased access information is made:
(1) The cable system operator's process for requesting leased access channels;
(2) The geographic and subscriber levels of service that are technically possible;
(3) The number and location and time periods available for each leased access channel;
(4) Whether the leased access channel is currently being occupied;
(5) A complete schedule of the operator's statutory maximum full-time and part-time leased access rates;
(6) A comprehensive schedule showing how those rates were calculated;
(7) Rates associated with technical and studio costs;
(8) Whether inclusion in an electronic programming guide is available;
(9) The available methods of programming delivery and the instructions, technical requirements and costs for each method;
(10) A comprehensive sample leased access contract that includes uniform terms and conditions such as tier and channel placement, contract terms and conditions, insurance requirements, length of contract, termination provisions and electronic guide availability; and
(11) Information regarding prospective launch dates for the leased access programmer.
(c) A bona fide proposal, as used in this section, is defined as a proposal from a potential leased access programmer that includes the following information:
(1) The desired length of a contract term;
(2) The tier, channel and time slot desired;
(3) The anticipated commencement date for carriage;
(4) The nature of the programming;
(5) The geographic and subscriber level of service requested; and
(6) Proposed changes to the sample contract.
(d) All requests for leased access must be made in writing and must specify the date on which the request was sent to the operator.
(e) A cable system operator must respond to a bona fide proposal within 10 days after receipt.
(f) A cable system operator will be subject to a forfeiture for each day it fails to comply with § 76.972(a) or § 76.972(e).
(g) (1) Operators of systems subject to small system relief shall provide the information required in paragraph (b) of this section within 30 calendar days of a bona fide request from a prospective leased access programmer. For these purposes, systems subject to small system relief are systems that either:
(i) Qualify as small systems under § 76.901(c) and are owned by a small cable company as defined under § 76.901(e); or
(ii) Have been granted special relief.
(2) Bona fide requests, as used in this section, are defined as requests from potential leased access programmers that have provided the following information:
(i) The desired length of a contract term;
(ii) The time slot desired;
(iii) The anticipated commencement date for carriage; and
(iv) The nature of the programming.
[73 FR 10691, Feb. 28, 2008]
Effective Date Note:At 73 FR 10691, Feb. 28, 2008, § 76.972 was added. Paragraphs (a), (b), (c), (d), (e), and (g) of this section, which contain information collection and recordkeeping requirements, and paragraph (f), which contains requirements related to those information collection requirements, will not become effective until approval has been given by the Office of Management and Budget.
Title 47 published on 2012-10-01
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