Benefits of Program Access Rules for Open Sample Clauses

Benefits of Program Access Rules for Open. Video System Programming Providers 195. As noted above, commenters in this proceeding have raised the issue of the extent to which video programming providers on open video systems are MVPDs, and therefore entitled to the benefits of the program access rules. Rainbow's claim, referenced above, that Congress limited the applicability of the program access rules to operators of open video systems, and that nothing in the 1996 Act suggests that programmers must provide their services to competing users of an open video system, would seem to indicate that Rainbow does not believe that video programming providers on open video systems are entitled to the benefits of the program access statute. Although Xxxxxxx argues that it will not be able to compete with other programmers on an open video system platform if Rainbow is forced to sell its programming to other MVPDs, we believe that the statute and the program access rules should not be interpreted as Rainbow urges. 196. As discussed above in Section III.E.2., open video system operators and video programming providers that provide more than one channel of programming on an open video system are MVPDs. We will not create an exception to our rules that would exclude open video system operators or open video system programming providers from the benefits of our program access rules. Accordingly, we will add a note to the definition of MVPD contained in Section 76.1000(e) of our rules to indicate that video programming providers on open video systems that provide more than one channel of programming to subscribers are MVPDs. (4) Expansion of the Program Access Rules 197. In addition, we decline to expand the program access rules as certain other commenters have requested. First, we decline to adopt NYNEX's assertion that open video system operators must have the right to insist that those using its system have the ability to obtain all programming on comparable, nondiscriminatory terms. As discussed above, for example, we do not view the exclusivity provisions of the program access rules as prohibiting an open video system programming provider that is unaffiliated with a cable operator, a common carrier that provides video programming directly to subscribers, or an open video system operator from entering into an exclusive programming contract with a vertically integrated satellite programmer, although such a contract may be challenged under other appropriate provisions of the program access rules as unfair compet...
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