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FCC RIN: 3060-AI95 Publication ID: Fall 2008 
Title: Leased Commercial Access (MB Docket No. 07-42) 
Abstract: Section 612 of the Communications Act of 1934, as amended sets forth the commercial leased access requirements. Cable operators are required to set aside channel capacity for commercial use by video programmers unaffiliated with the operator. Section 616 of the Communications Act directs the Commission to “establish regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors (MVPDs) and video programming vendors.” The Commission’s program carriage rules prohibit a cable operator or other MVPD from requiring “a financial interest in any program service as a condition for carriage” of such service, from coercing a programmer to grant “exclusive” carriage rights, or from engaging in conduct that unreasonably restrains “the ability of an unaffiliated programming vendor to compete fairly” by discriminating against such vendor “on the basis of affiliation or nonaffiliation.” The Report and Order modified the leased access rules by modifying the leased access rate formula; adopting customer service obligations and adopting expedited time frames for resolution of complaints. In the Further Notice of Proposed Rulemaking, comment was sought regarding application of the new rate formula to programmers that predominantly transmit sales presentations or program length commercials. 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 47 USC 154(i)    47 USC 303    47 USC 532    47 USC 536   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/18/2007  72 FR 39370   
R&O and FNPRM  02/28/2008  73 FR 10675   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
David Konczal
Policy Division, Media Bureau
Federal Communications Commission
445 12th Street SW.,
Washington, DC 20554
Phone:202 418-2228
Email: david.konczal@fcc.gov