FCC 76.1512 Revised as of October 1, 2014
Goto Year:2013 |
§ 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
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
(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
(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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