§76.701. Leased access channels.
47 C.F.R. § 76.701
Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as amended, section 612), a cable operator, in accordance with 47 U.S.C. 532(h) (Cable Consumer Protection and Competition Act of 1992, section 10(a)), may adopt and enforce prospectively a written and published policy of prohibiting programming which, it reasonably believes, describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.
A cable operator may refuse to transmit any leased access program or portion of a leased access program that the operator reasonably believes contains obscenity, indecency or nudity.
Notes, amendments, and revision history
Amendments
[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]
Authority
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 335, 338, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 562, 571, 572, 573.
Source
Source: 37 FR 3278, Feb. 12, 1972, unless otherwise noted.
Amendments
[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]