Allocation of Capacity Among Video Sample Clauses

Allocation of Capacity Among Video. Programming Providers (1) General Framework (a) Notice 69. We sought comment in the Notice generally on how capacity on an open video system should be allocated among unaffiliated video programming providers. We asked whether the allocation of channel capacity on an open video system should be left to the discretion of the operator, and if so, how unaffiliated video programming providers could be protected from discrimination under such an approach. (b) Discussion 70. We believe that an open video system operator should be given the flexibility to implement its own method for allocating capacity to unaffiliated video programming providers, subject to minimal guidelines ensuring that unaffiliated providers are treated in a non- discriminatory fashion. The telephone companies legitimately note that open video system operators will need to adapt their allocation method to myriad factors that may arise, such as the particular technology employed and the particular market to be served. Pursuant to the statute, however, the Commission must ensure that video programming providers are provided non-discriminatory access to open video systems. In this regard, Xxxxxxx calls for detailed regulations, while the telephone companies urge the Commission to merely adopt a general rule prohibiting discrimination. We think that extensive rules regarding the allocation of channels and the administration of the system by the open video system operator will impose inefficiencies on the operator without necessarily precluding discrimination. We believe that the approach we describe below strikes the appropriate balance between the two views. (2) Allocation Methodology (a) Notice 71. In the Notice, we sought comment on how an open video system operator should allocate the two-thirds of channel capacity that must contain programming selected by unaffiliated video programming providers (where carriage demand exceeds the system's capacity). We also sought comment on establishing a range of acceptable options for allocating capacity, including first-come first-served, lottery, and proportional allotment. (b) Discussion 72. The allocation of channel capacity determines carriage on an open video system and is therefore subject to the statute's non-discrimination requirements. We require that the two-thirds of total capacity that must be allocated to unaffiliated video programming providers, when demand exceeds system capacity, must be allocated in an open, fair, non-discriminatory mann...
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Related to Allocation of Capacity Among Video

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