Program Selection 224 Sample Clauses

Program Selection 224. Because the 1996 Act prohibits an open video system operator from omitting television broadcast stations or unaffiliated video programming carried on the system from any navigational device, guide or menu, we agree with Viacom that this demonstrates that Congress recognized the importance of inclusion on such devices in order to facilitate competition, and that Congress envisioned that a single navigational device would be employed by subscribers using the open video system. Therefore, in the discussion below, we assume that a single navigational device will be used by subscribers to select programming carried on the open video system. However, if in practice, subscribers to an open video system are able to employ multiple navigational devices to select programming provided by various programmers on the open video system, we may need to reexamine our rules in this area and tailor them accordingly. 225. We believe, as stated in the Notice, that Section 653(b)(1)(E)(i) is intended to be a specific application of the non-discrimination requirement contained in Section 653(b)(1)(A). Specifically, we believe that this provision is meant to ensure that an open video system operator does not favor itself or its affiliates in its interaction with the customer at the point of actual program selection (i.e., when the subscriber is choosing a particular channel to watch). The type of "material or information" that therefore would fall within the scope of Section 653(b)(1)(E)(i) includes navigational devices, guides (electronic or paper) and menus used by the subscriber to actively select programming. 226. We agree with commenters that this means that the open video system operator may not discriminate in favor of affiliated programming by, for example, "burying" unaffiliated programmers in difficult to access portions of electronic guides, navigational devices or menus, or by otherwise placing affiliated programming in more prominent positions on the electronic guides, navigational devices or menus. We believe that limiting the scope of Section 653(b)(1)(E)(i) to material or information that a subscriber would employ in the actual channel selection process comports with Congress' intent. 227. As we stated in the Notice, Section 653(b)(1)(E)(i), if read broadly, could impede an open video system operator's advertising of its affiliated programming service, since any such advertising presumably would be intended to encourage subscribers to "select" its affiliated video...
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Related to Program Selection 224

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