Goto Section: 76.985 | 76.987 | Table of Contents
Revised as of December 6, 2018
Goto Year:2018 |
§ 76.986 “A la carte” offerings.
Link to an amendment published at 83 FR 60776 , Nov. 27, 2018.
(a) Collective offerings of unregulated per-channel or per-program (“a
la carte”) video programming shall be regulated as CPSTs pursuant to
§ 76.922. For purposes of this section, “multiplexed” channels shall be
treated as one channel.
(b) A discounted package price offered by a cable system is not
unreasonable with respect to any collective offering of channels if the
component channels' collective offering also have been continuously
available on the system on a per channel basis since April 1, 1993.
(c) A collective offering of per channel offerings may be treated as
New Product Tier if:
(1) The collective offering meets the conditions set forth in § 76.987;
(2) The operator had reasonable grounds to believe the collective
offering involving only a small number of migrated channels complied
with the Commission's requirements as of the date it was first offered.
(d) In reviewing a basic service rate filing, local franchising
authorities may make an initial decision addressing whether a
collective offering of “a la carte” channels will be treated as a cable
programming service tier that is an NPT under § 76.987 or a CPST that is
regulated under § 76.922. The franchising authority must make this
initial decision within the 30 day period established for review of
basic cable rates and equipment costs in § 76.933(a), or within the
first 60 days of an extended 120 day period (if the franchise authority
has requested an additional 90 days) pursuant to § 76.933(b). The
franchising authority shall provide notice of its decision to the cable
system and shall provide public notice of its initial decision within
seven days pursuant to local procedural rules for public notice.
Operators or consumers may make an interlocutory appeal of the initial
decision to the Commission within 14 days of the initial decision.
Operators shall provide notice to franchise authorities of their
decision whether or not to appeal to the Commission within this period.
Consumers shall provide notice to franchise authorities of their
decision to appeal to the Commission within this period.
(e) A limited initial decision under paragraph (b) of this section
shall toll the time periods under § 76.933 within which local
authorities must decide local rate cases. The time period shall resume
running seven days after the Commission decides the interlocutory
appeal, or seven days following the expiration of the period in which
an interlocutory appeal pursuant to paragraph (b) of this section may
(f) A local franchising authority alternatively may decide whether a
collective offering of “a la carte” channels will be treated as an NPT
as a part of its final decision setting rates for the basic service
tier. That decision may then be appealed to the Commission as provided
for under § 76.945.
[ 59 FR 62625 , Dec. 6, 1994]
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Goto Section: 76.985 | 76.987
Goto Year: 2018 |
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