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U.S. Code as of:
01/19/04
Section 536. Regulation of carriage agreements
(a) Regulations
Within one year after October 5, 1992, the Commission shall
establish regulations governing program carriage agreements and
related practices between cable operators or other multichannel
video programming distributors and video programming vendors. Such
regulations shall -
(1) include provisions designed to prevent a cable operator or
other multichannel video programming distributor from requiring a
financial interest in a program service as a condition for
carriage on one or more of such operator's systems;
(2) include provisions designed to prohibit a cable operator or
other multichannel video programming distributor from coercing a
video programming vendor to provide, and from retaliating against
such a vendor for failing to provide, exclusive rights against
other multichannel video programming distributors as a condition
of carriage on a system;
(3) contain provisions designed to prevent a multichannel video
programming distributor from engaging in conduct the effect of
which is to unreasonably restrain the ability of an unaffiliated
video programming vendor to compete fairly by discriminating in
video programming distribution on the basis of affiliation or
nonaffiliation of vendors in the selection, terms, or conditions
for carriage of video programming provided by such vendors;
(4) provide for expedited review of any complaints made by a
video programming vendor pursuant to this section;
(5) provide for appropriate penalties and remedies for
violations of this subsection, including carriage; and
(6) provide penalties to be assessed against any person filing
a frivolous complaint pursuant to this section.
(b) "Video programming vendor" defined
As used in this section, the term "video programming vendor"
means a person engaged in the production, creation, or wholesale
distribution of video programming for sale.
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