Goto Section: 76.920 | 76.922 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 76.921 Buy-through of other tiers prohibited.
(a) No cable system operator, other than an operator subject to
effective competition, may require the subscription to any tier other
than the basic service tier as a condition of subscription to video
programming offered on a per channel or per program charge basis. A
cable operator may, however, require the subscription to one or more
tiers of cable programming services as a condition of access to one or
more tiers of cable programming services.
(b) A cable operator not subject to effective competition may not
discriminate between subscribers to the basic service tier and other
subscribers with regard to the rates charged for video programming
offered on a per-channel or per-program charge basis.
(c) With respect to cable systems not subject to effective competition,
prior to October 5, 2002, the provisions of paragraph (a) of this
section shall not apply to any cable system that lacks the capacity to
offer basic service and all programming distributed on a per channel or
per program basis without also providing other intermediate tiers of
(1) By controlling subscriber access to nonbasic channels of service
through addressable equipment electronically controlled from a central
control point; or
(2) Through the installation, noninstallation, or removal of frequency
filters (traps) at the premises of subscribers without other alteration
in system configuration or design and without causing degradation in
the technical quality of service provided.
(d) With respect to cable systems not subject to effective competition,
any retiering of channels or services that is not undertaken in order
to accomplish legitimate regulatory, technical, or customer service
objectives and that is intended to frustrate or has the effect of
frustrating compliance with paragraphs (a) through (c) of this section
[ 62 FR 6495 , Feb. 12, 1997]
Goto Section: 76.920 | 76.922
Goto Year: 2020 |
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