(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.
At 73 FR 10692, Feb. 28, 2008, § 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.
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