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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET,  S.  W.  WASHINGTON,  D.  C.  20554  DA  01-  2294 
 News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 October  4,  2001 


 REMINDER  OF  TIER  BUY-  THROUGH  REQUIREMENTS  FOR  CABLE  OPERATORS 
 Section  623(  b)(  8)  of  the  Communications  Act,  as  amended  by  the  Cable  Act  of  1992,  generally 
 prohibits  cable  operators  from  requiring  subscribers  to  purchase  a  particular  service  tier,  other  than  the 
 basic  service  tier,  in  order  to  obtain  access  to  video  programming  offered  on  a  per-  channel  or  per-  program 
 basis. 


 Cable  systems  lacking  addressable  set  top  boxes,  or  subject  to  other  technological  limitations, 
 were  afforded  a  ten  year  grace  period  to  come  into  compliance  with  the  tier  buy  through  requirement. 
 This  ten  year  period  ends  October  5,  2002.  The  tier  buy  through  requirement  does  not  apply  to  cable 
 systems  facing  “effective  competition”  as  that  term  is  defined  in  the  Act.  47  U.  S.  C.  §  543(  l)(  1)(  A)-(  D). 


 In  addition,  waivers  may  be  granted  in  compliance  with  Section  623(  b)(  8)(  C)  of  the  Act  which 
 provides: 


 If,  in  any  proceeding  initiated  at  the  request  of  any  cable  operator,  the  Commission 
 determines  that  compliance  with  the  requirements  of  subparagraph  (A)  would  require  the 
 cable  operator  to  increase  its  rates,  the  Commission  may,  to  the  extent  consistent  with  the 
 public  interest,  grant  such  cable  operator  a  waiver  from  such  requirements  for  such 
 specified  period  as  the  Commission  determines  reasonable  and  appropriate. 


 This  Public  Notice  is  to  remind  cable  operators  of  the  requirements  of  the  law  and  of  the 
 Commission’s  rules.  As  of  October  5,  2002,  cable  operators  no  longer  will  be  able  to  require  subscribers 
 to  purchase  cable  programming  service  tiers  in  order  to  access  premium  or  pay-  per-  view  channels  based 
 on  the  lack  of  addressable  converter  boxes  or  other  technological  limitations.  In  the  absence  of  effective 
 competition  or  a  waiver,  all  cable  operators  will  be  subject  to  this  requirement. 


 Media  Contact:  Michelle  Russo  at  (202)  418-  7200. 
 Cable  Services  Bureau  Contact:  Ben  Golant  at  (202)  418-  7111. 
 TTY:  (202)  418-  7172. 


 -FCC- 
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