Collapse to view only § 76.2000 - Exclusive access to multiple dwelling units generally.
- § 76.2000 - Exclusive access to multiple dwelling units generally.
- APPENDIX - Alphabetical Index—Part 76
§ 76.2000 - Exclusive access to multiple dwelling units generally.
(a) Prohibition. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce or execute any provision in a contract that grants to it the exclusive right to provide any video programming service (alone or in combination with other services) to a MDU. All such exclusivity clauses are null and void.
(b) Prohibition of graduated revenue sharing agreements. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU, written or oral, in which it gives the MDU owner compensation on a graduated basis.
(1) Definition. For purposes of this paragraph (b), a “graduated basis” means that the compensation a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 pays to a MDU owner for each tenant served increases as the total number of tenants served by the cable operator or other provider of MVPD service subject to 47 U.S.C. 548 in the MDU increases.
(2) Compliance dates—(i) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into any contract regarding the provision of communications service in a MDU, written or oral, in which it gives the MDU owner compensation on a graduated basis.
(ii) Compliance date for existing contracts. After September 26, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the provision of communications service in an MDU, written or oral, in existence as of April 27, 2022, in which it gives the MDU owner compensation on a graduated basis.
(c) Prohibition of exclusive revenue sharing agreements. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants.
(1) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into any contract, written or oral, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants.
(2) Compliance date for existing contracts. After September 26, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the provision of communications service in a MDU, written or oral, in existence as of April 27, 2022, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants.
(d) Required disclosure of exclusive marketing arrangements. A cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of a MDU.
(1) Such disclosure must:
(i) Be included on all written marketing material, whether electronic or in print, that is directed at tenants or prospective tenants of the affected MDU;
(ii) Identify the existence of the contract and include a plain-language description of the arrangement, including that the provider has the right to exclusively market its communications services to tenants in the MDU, that such a right does not mean that the provider is the only entity that can provide such services to tenants in the MDU, and that service from an alternative provider may be available; and
(iii) Be made in a manner that it is clear, conspicuous, and legible.
(2)(i) Compliance date for new contracts. After August 22, 2022, a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of an MDU.
(ii) Compliance date for existing contracts. After September 26, 2022, a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of an MDU.
(e) Definition. For purposes of this rule, MDU shall include a multiple dwelling unit building (such as an apartment building, condominium building or cooperative) and any other centrally managed residential real estate development (such as a gated community, mobile home park, or garden apartment); provided however, that MDU shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, hospitals, nursing homes or other assisted living facilities.
- Alphabetical Index—Part 76
A | A and B grade contours | 76.5 | Access, Channel enforcement | 76.10 | Address, operator or status change reports | 76.400 | Aeronautical and marine emergency frequencies, Operation near | 76.616 | Aeronautical band usage, Notification requirements | 76.615 | Authority, Special temporary | 76.29 | B | B and A grade contours | 76.5 | Boundaries, TV markets | 76.53 | Broadcast, Sports | 76.67 | Broadcast station, TV | 76.5 | C | Cable TV channel: Classes I, II, III, IV | 76.5 | Cablecasting | 76.5 | CATV basic signal leakage performance criteria | 76.611 | CATV system | 76.5 | CATV system interference | 76.613 | Candidates for public office, Cablecast by | 76.205 | Carriage disputes | 76.58 | Carriage, mandatory, Expiration of | 76.64 | Carriage, Manner of | 76.62 | Carriage of other TV signals | 76.60 | Carriage of TV stations, Mandatory | 76.56 | Carriage of TV stations, Mandatory, Exemption from | 76.70 | Channel access enforcement | 76.10 | Communities, Designated | 76.51 | Community, Principal contour | 76.5 | Community unit | 76.5 | Consumer education-selector switches | 76.66 | Cross-ownership | 76.501 | D | Definitions, Part 76 | 76.5 | Designated communities | 76.51 | Dismissal: Special relief petitions | 76.8 | Disputes concerning carriage | 76.58 | Doctrine, Fairness | 76.209 | E | Editorials, Political | 76.209 | Enforcement, Channel access | 76.10 | Enforcement, Lockbox | 76.11 | Equal employment opportunity— | Scope | 76.71 | General Policy | 76.73 | Program requirements | 76.75 | Reporting requirements | 76.77 | Public inspection of records | 76.79 | Exceptions, to rules provisions— | Network program nonduplication | 76.95 | Signal leakage performance criteria | 76.618 | Frequency separation standards | 76.618 | F | Fairness doctrine | 76.209 | File, Public inspection | 76.305 | Forfeitures | 76.9 | Forms, Report | 76.403 | Frequency bands 108-136; 225-400 MHz, Operation in | 76.610 | Frequency separation standards | 76.612 | Frequency separation standards, Exception to | 76.618 | Full network station | 76.5 | G | Grandfathering, exceptions to rules provisions— | Non-network program exclusivity | 76.99 | Non-applicability of §§ 76.611 and 76.612 | 76.618 | Operation in frequency bands 108-136; 225-400 mHz | 76.619 | H-I | Identification Sponsorship; list retention | 76.221 | Independent station | 76.5 | Input selector switches | 76.66 | Input selector switches, consumer education | 76.66 | Input selector switches, Exemption | 76.70 | Inspection, CATV systems, by FCC | 76.307 | Interference from CATV system | 76.613 | Interference, Receiver-generated, Responsibility | 76.617 | Isolation, Terminal | 76.5 | J-L | Leakage measurements, Signal | 76.601 | Leakage, Signal, performance criteria | 76.611 | Leakage, Signal, performance criteria, Exception | 76.618 | List retention, Sponsorship identification | 76.221 | Lockbox enforcement | 76.11 | Lotteries | 76.213 | M | Mandatory carriage of TV stations | 76.56 | Mandatory carriage of TV stations, Exemption from | 76.70 | Manner of carriage | 76.62 | Marine and aeronautical emergency frequencies, Operation near | 76.716 | Major TV markets | 76.51 | Market size operation provisions— | Measurements, Performance | 76.609 | Measurements, Signal leakage | 76.601 | Monitoring, CATV system | 76.614 | Must carry requirements | 76.55, 76.59, 76.61, 76.64 | N | Network nonduplication: protection extent | 76.94 | Network nonduplication waivers | 76.97 | Network program nonduplication: Exceptions | 76.95 | Network program nonduplication: Notification | 76.94 | Network programming | 76.5 | Network programs: nonduplication protection | 76.92 | Network station, Full | 76.5 | Network station, Partial | 76.5 | Noise, System | 76.5 | Nonduplication protection, Network programs | 76.92 | Non-network program exclusivity, exceptions | 76.99 | Notification requirements: aeronautical bands | 76.615 | Notification requirements: network nonduplication | 76.94 | O | Operation in frequency bands 108-136 and 225-400 MHz | 76.610 | Operator, address or status change reports | 76.400 | Order, Show cause | 76.9 | Ownership, Cross | 76.501 | P | Partial network station | 76.5 | Performance measurements | 76.609 | Personal attacks: political cablecasts | 76.209 | Petitions, Dismissal of | 76.8 | Petitions for waiver | 76.7 | Political editorials | 76.209 | Possession of rules | 76.301 | Prime time | 76.5 | Program carriages, STV | 76.64 | Programming, Network | 76.5 | Protection extent: network nonduplication | 76.94 | Public inspection file | 76.305 | Public office, Cablecasts by candidates for | 76.205 | PURPOSE—Part 76 | 76.1 | Q | Qualified TV station, Showing | 76.55 | R | Rate regulation standards | 76.33 | Receiver generated interference | 76.617 | Reference points, Major/smaller markets | 76.53 | Registration statement: signature | 76.14 | Registration statement | 76.12 | Relief, Special | 76.7 | Report forms | 76.403 | Reports: Change of operator, address, status | 76.400 | Responsibility for receiver-generated interference | 76.617 | Rule waiver | 76.7 | Rules, Possession | 76.301 | S | Selector switches, Input | 76.66 | Selector switches, input, Exemption | 76.70 | Show cause order | 76.9 | Signal leakage measurements | 76.601 | Signal leakage performance criteria | 76.611 | Signature: registration statement | 76.14 | Significantly viewed signals | 76.54 | Special relief | 76.7 | Special relief petitions, Dismissal of | 76.8 | Special temporary authority | 76.29 | Specified zone, TV station | 76.5 | Sponsorship identification, List retention | 76.221 | Sports broadcasts | 76.67 | Standards for rate regulation | 76.33 | Standards, Technical | 76.605 | Station protection: network program nonduplication | 76.92 | Status, operator or address change reports | 76.400 | Subscriber terminal | 76.5 | Subscribers | 76.5 | System community unit | 76.5 | System inspection (by FCC) | 76.307 | System monitoring | 76.614 | System noise | 76.5 | T | Technical standards | 76.605 | Terminal isolation | 76.5 | Terminal, Subscriber | 76.5 | Tests, Performance | 76.601 | Translator station, TV | 76.5 | TV markets, Boundaries of | 76.53 | TV markets, Major | 76.51 | TV signals, Carriage non-mandatory | 76.60 | U-V | Vertical blanking interval, Services on | 76.64 | W | Waiver, Network nonduplication | 76.97 | Waiver, Rules | 76.7 | X-Y-Z | Zone, Specified, of TV station | 76.5 |