§  76.1509   Syndicated program exclusivity.

   (a) Sections 76.101 through 76.110 shall apply to open video systems in
   accordance with the provisions contained in this section.

   (b) Any provision of § 76.101 that refers to a “cable community unit”
   shall apply to an open video system.

   (c) Any provision of § 76.105 that refers to a “cable system operator”
   or “cable television system operator” shall apply to an open video
   system operator. Any provision of § 76.105 that refers to a “cable
   system” or “cable television system” shall apply to an open video
   system except § 76.105(c) which shall apply to an open video system
   operator. Open video system operators shall make all notifications and
   information regarding exercise of syndicated program exclusivity rights
   immediately available to all appropriate video programming provider on
   the system. An open video system operator shall not be subject to
   sanctions for any violation of the rules in § § 76.101 through 76.110 by
   an unaffiliated program supplier if the operator provided proper
   notices to the program supplier and subsequently took prompt steps to
   stop the distribution of the infringing program once it was notified of
   a violation.

   (d) Any provision of § 76.106 that refers to a “cable community” shall
   apply to an open video system community. Any provision of § 76.106 that
   refers to a “cable community unit” or “community unit” shall apply to
   an open video system or that portion of an open video system that
   operates or will operate within a separate and distinct community or
   municipal entity (including unincorporated communities within
   unincorporated areas and including single, discrete unincorporated
   areas). Any provision of § § 76.106 through 76.108 that refers to a
   “cable system” shall apply to an open video system.

   (e) Any provision of § 76.109 that refers to “cable television” or a
   “cable system” shall apply to an open video system.

   (f) Any provision of § 76.110 that refers to a “community unit” shall
   apply to an open video system or that portion of an open video system
   that is affected by this rule.

   [ 83 FR 7630 , Feb. 22, 2018]