Goto Section: 76.986 | 76.990 | Table of Contents
Revised as of December 26, 2019
Goto Year:2018 |
§ 76.987 New product tiers.
Link to an amendment published at 83 FR 60776 , Nov. 27, 2018.
(a) Operators may establish a category of CPSTs, referred to as “new
product tiers” (“NPTs”), and offer these tiers to subscribers at prices
(b) In order to be eligible to offer NPTs, cable operators must meet
the following conditions:
(1) Operators offering NPTs are prohibited from making fundamental
changes to what they offer on their BSTs and CPSTs offerings on
September 30, 1994. Operators may drop channels or move channels
between BSTs and/or CPSTs or to an a la carte offering so long as the
aggregation of such changes do not constitute a fundamental change in
their BST or CPSTs.
(2) Operators may not drop channels that were offered on their BSTs or
CPSTs on September 30, 1994 and move them to NPTs unless they wait at
least two years from the date the channels were dropped from the BSTs
or CPSTs. Time shifted versions, slightly altered versions or renamed
versions of channels offered on BSTs and CPSTs on September 30, 1994
shall not be exempt from this restriction.
(3) Operators must market their BSTs and CPSTs so that customers should
be reasonably aware that:
(i) Those tiers are being offered to the public;
(ii) The names of the channels available on those tiers; and
(iii) The price of the tiers. A subscriber may not be charged for an
NPT unless the cable operator has obtained the subscriber's affirmative
consent. Changes to the fundamental nature of an NPT must be approved
by subscribers in accordance with § 76.981.
(4) Operators may not require the subscription to any tier, other than
a BST, as a condition for subscribing to an NPT and operators may not
require subscription to an NPT as a condition for subscribing to a
CPST. These restrictions will not apply to cable operators prior to
October 5, 2002, if such operators lack the capacity to offer BSTs and
NPTs without also providing other intermediate tiers of service as
provided in § 76.900(c).
(c) Operators may offer the same service on NPTs as are on one or more
BSTs or CPSTs. A channel that occupied a CPST or BST part-time on
September 30, 1994 also may be offered full-time on an NPT as long as
it continues to be offered at least part-time on CPST or BST, under
substantially the same conditions as before it was offered on the NPT.
If a channel occupies a BST or CPST (regulated pursuant to § 76.922)
full-time on September 30, 1994, and is subsequently reduced to
part-time on the BST or CPST, that channel may not be offered on an NPT
full-time. Operators that offer a channel both on an NPT and a BST or
CPST will have a continuing obligation to ensure that subscribers are
aware that the channels are available on the CPST or BST.
(d) Operators may temporarily place new channels on CPSTs for marketing
purposes and then move them to NPTs. In order for an operator to move a
channel from a CPST to an NPT pursuant to this paragraph, the channel
must not have been offered on a BST or CPST prior to October 1, 1994.
(e) After initially electing to offer an NPT, a cable operator may
cease to provide the NPT, upon proper notice to subscribers pursuant to
§ 76.1603. If an operator drops an NPT and subsequently determines to
reestablish that tier, at the time of the reestablishment it must
comply with the conditions for offering NPTs set forth in paragraph (b)
of this section.
(f) If the Commission receives a complaint about an NPT, the operator
need not file the rate justification provided in § 76.956, but shall
within the time period provided by that rule file documentation that
the NPT meets all the conditions set forth in this section.
Note 1 to § 76.987: Cable operators offering a NPT must comply with the
notice requirement of § 76.1605.
[ 59 FR 62625 , Dec. 6, 1994, as amended at 65 FR 53617 , Sept. 5, 2000]
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Goto Section: 76.986 | 76.990
Goto Year: 2018 |
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