Federal Communications Commission
Vol. 77 Wednesday, No. 211 October 31, 2012 Part IV Federal Communications Commission 47 CFR Parts 76 Program Access Rules; Final Rule and Proposed Rule VerDate Mar<15>2010 18:25 Oct 30, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31OCR4.SGM 31OCR4 srobinson on DSK4SPTVN1PROD with 66026 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations FEDERAL COMMUNICATIONS Summary of the Report and Order and United States Court of Appeals for the COMMISSION Order on Reconsideration DC Circuit (‘‘DC Circuit’’) noted changes I. Introduction in the marketplace since 1992 and 47 CFR Part 76 stated its expectation that if the market 1. In this Report and Order, we continued to evolve in this manner, ‘‘the [MB Docket Nos. 12–68; 07–18; 05–192; 07– decline to extend the exclusive contract Commission will soon be able to 29; FCC 12–123] prohibition section of the program conclude that the prohibition is no access rules beyond its October 5, 2012 longer necessary to preserve and protect Program Access Rules sunset date. This prohibition generally competition and diversity in the bans exclusive contracts for satellite distribution of video programming.’’ As AGENCY: Federal Communications cable programming or satellite broadcast discussed below, because the current Commission. programming between any cable market presents a mixed picture (with operator and any cable-affiliated ACTION: Final rule. the cable industry now less dominant at programming vendor in areas served by the national level than it was when the a cable operator.1 The prohibition SUMMARY: In this document, the exclusive contract prohibition was Commission declines to extend the applies only to programming that is enacted, but prevailing concerns about prohibition on exclusive contracts delivered via satellite; it does not apply cable dominance and concentration in to programming delivered via terrestrial various individual markets), we find involving satellite-delivered, cable- 2 affiliated programming beyond its facilities.
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