Program Access
As part of the Cable Act of 1992, Congress adopted a ten-year ban on exclusive contracts between cable operators and satellite-delivered networks in which a cable operator has an ownership stake (referred to as “vertically integrated” networks). The FCC reexamined these rules in 2002 and decided to maintain the ban on exclusive contracts until October 2007. In February 2007, the FCC launched a proceeding to examine whether to eliminate the exclusivity ban.
NCTA supported a sunset of the exclusivity ban five years ago and continues to believe that the ban is no longer necessary in today’s competitive video marketplace. In recent studies examining the multichannel video marketplace, the FCC has already concluded that video competition is providing consumers with increased choice, more programming and better services than ever before, which is evidence that the exclusivity ban has outlived its usefulness.
Examining the Issue
Additional Resources
Regulatory Filings
4/30/2009
NCTA Letter 04/30/09
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Abstract: NCTA Letter responding to Verizon's letter of April 22, 2009; WC Docket No. 07-244, MB Docket Nos. 07-29, 07-198Attachment: 043009 07-244 letter.pdf (52 KB)Publication Type: Regulatory Filing
1/4/2008
NCTA Comments 01/04/08Email this Document
Abstract: NCTA Comments re: Review of the Commission's Program Access Rules and Examination of Programming Tying Arrangements, urging the FCC not to expand the program access rules, and instead, should promote regulatory parity by establishing a process by which cable operators can seek relief from these rules; MB Docket No. 07-198Attachment: 010408 07-198 comments.pdf (79 KB)Publication Type: Regulatory Filing
11/20/2007
NCTA Letter 11/20/07Email this Document
Abstract: NCTA Letter re: Leased Commercial Access and Development of Competition and Diversity in Video Programming Distribution and Carriage, arguing that the record does not support revising the commercial leased access formula; MB Docket No. 07-42Attachment: 112007 07-42 exparte.pdf (144 KB)Publication Type: Regulatory Filing
11/6/2007
NCTA Letter 11/06/07Email this Document
Abstract: NCTA Letter re: Leased Commercial Access: Development of Competition & Diversity in Video Programming Distribution & Carriage, Joint Letter with Media Access Project; 07-42Attachment: 110607 07-42 Ex parte.pdf (11 KB)Publication Type: Regulatory Filing
10/12/2007
NCTA Reply Comments 10/12/07Email this Document
Abstract: NCTA Reply Comments re: Leased Commercial Access, Development of Competition and Diversity in Video Programming Distribution and Carriage, arguing that the leased access and program access provisions are working and that rule changes would be unwise and raise serious constitutional concerns; MB Docket No. 07-42Attachment: 101207 07-42 Replies.pdf (84 KB)Publication Type: Regulatory Filing
9/11/2007
NCTA Comments 09/11/07Email this Document
Abstract: NCTA Comments re: Leased Commercial Access, Development of Competition and Diversity in Video Programming Distribution and Carriage, arguing that the FCC should not modify its rules to impose additional obligations on cable operators; MB Docket No. 07-42Attachment: 091107 07-42 comments.pdf (66 KB)Publication Type: Regulatory Filing
4/16/2007
NCTA Reply Comments 04/16/07Email this Document
Abstract: NCTA Reply Comments re: Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act, Sunset of Exclusive Contract Prohibition, reiterating that the rules already ensure expedited consideraton of compla...Attachment: 041607 07-29 Replies.pdf (55 KB)Publication Type: Regulatory Filing
4/2/2007
NCTA Comments 04/02/07Email this Document
Abstract: NCTA Comments re: Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act: Sunset of Exclusive Contract Prohibition, arguing that the prohibition on exclusive contracts between cable-owned program ...Attachment: 040207 07-29 comments.pdf (141 KB)Publication Type: Regulatory Filing
1/7/2002
NCTA Reply Comments 01/07/02Email this Document
Abstract: NCTA Reply Comments re: Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act: Sunset of Exclusive Contract Prohibition, urging the FCC to allow the program access exclusivity ban to sunset; CS Docket No. 01-290Attachment: 010702 01-290 replies.pdf (130 KB)Publication Type: Regulatory Filing
12/3/2001
NCTA Comments 12/03/01Email this Document
Abstract: NCTA Comments re: Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act, arguing for the sunset of the rules which prohibit a vertically integrated cable programmer from entering into an exclusive contract with a cable operator for satellite-delivered channels; CS Docket No. 01-290Attachment: 120301 01-290 comments.pdf (191 KB)Publication Type: Regulatory Filing