Page:United States Statutes at Large Volume 106 Part 2.djvu/615

 PUBLIC LAW 102-385 —OCT. 5, 1992 106 STAT. 1495 broadcast programming to any unaffiliated multichannel video programming distributor; "(B) prohibit discrimination by a satellite cable programming vendor in which a cable operator has an attributable interest or by a satellite broadcast programming vendor in the prices, terms, and conditions of sale or delivery of satellite cable programming or satellite broadcast programming among or between cable systems, cable operators, or other multichannel video programming distributors, or their agents or buying groups; except that such a satellite cable programming vendor in which a cable operator has an attributable interest or such a satellite broadcast programming vendor shall not be prohibited from— "(i) imposing reasonable requirements for creditworthiness, offering of service, and financial stability and standards regarding character and technical quality; "(ii) establishing different prices, terms, and conditions to take into account actual and reasonable dif- ferences in the cost of creation, sale, delivery, or transmission of satellite cable programming or satellite broadcast programming; "(iii) establishing different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or "(iv) entering into an exclusive contract that is permitted under subparagraph (D); "(C) prohibit practices, understandings, arrangements, and activities, including exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor or satellite broadcast programming vendor, that prevent a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a cable operator has an attributable interest or any satellite broadcast programming vendor in which a cable operator has an attributable interest for distribution to persons in areas not served by a cable operator as of the date of enactment of this section; and "(D) with respect to distribution to persons in areas served by a cable operator, prohibit exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor in which a cable operator has an attributable interest or a satellite broadcast programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest. "(3) LIMITATIONS. — "(A) GEOGRAPHIC LIMITATIONS.— Nothing in this section shall require any person who is engaged in the national or regional distribution of video programming to make such programming available in any geographic area beyond

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