C.F.R. » Title 47 » CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION › SUBCHAPTER C—BROADCAST RADIO SERVICES › PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE › Subpart L—Cable Television Access

47 C.F.R. § 76.701

Leased access channels

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(a) 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.

(b) 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.

Note to paragraph (b):

“Nudity” in paragraph (b) is interpreted to mean nudity that is obscene or indecent.

[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]
Notes of Decisions
Cited in 8 cases, 1993–1996 · leading case: Denver Area Educ. Telecomm. Consortium, Inc. v. Fed. Commc'ns Comm'n, 518 U.S. 727 (1996).
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Denver Area Educ. Telecomm. Consortium, Inc. v. Fed. Commc'ns Comm'n, 518 U.S. 727 (1996). · cites it 14× “1992 Act, § 10(b); 47 CFR § 76.701 (g) (1995). We conclude that the first provision—which permits the operator to decide whether or not to broadcast such programs on leased access channels—is consistent with the First Amendment.”
Am. Civil Liberties Union v. Reno, 929 F. Supp. 824 (E.D. Pa. 1996). “at 112 (citing what is now 47 C.F.R. § 76.701 (g)). The FCC took a similar approach to the definition of “indecency” in the “dial-a-porn” medium.”
Shea on Behalf of Am. Reporter v. Reno, 930 F. Supp. 916 (S.D.N.Y. 1996). “§ 532 (h) (lacking reference to standards for cable medium) with 47 C.F.R. § 76.701 (g) (including reference to standards for cable medium).”
All. for Cmty. Media v. Fed. Commc'ns Comm'n, 10 F.3d 812 (D.C. Cir. 1993). · cites it 4× “7990, 7993 (1993) (to be codified at 47 C.F.R. § 76.701 ). With respect to PEG access, the regulations permit a cable operator to “prohibit .”
All. for Cmty. Media v. Fed. Commc'ns Comm'n, 56 F.3d 105 (D.C. Cir. 1995). · cites it 9× “7990, 7993 (1993) (to be codified at 47 C.F.R. § 76.701 (g)). Leased access programmers were required to inform the cable operator which, if any, of their programs fell into that category.”
Playboy Ent. Grp., Inc. v. United States, 945 F. Supp. 772 (D. Del. 1996). “47 C.F.R. § 76.701 (d) (1995). The signal of this single channel must be completely blocked by the cable operator, and unscrambled only upon the written request of an adult subscriber.”
Altmann v. Television Signal Corp., 849 F. Supp. 1335 (N.D. Cal. 1994). “7,993 (1993) (to be codified at 47 C.F.R. § 76.701 ). Viacom states that segregation and certification of programs on public access cable is authorized by Section 10(c) and its attendant FCC regulations.”
All. for Cmty. Media the All. for Commc'ns Democracy People for the Am. Way v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors (Two Cases). Denver Area Educ. Telecomm. Consortium Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Morality in Media, Amicus Curiae. Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Nat'l Law Ctr. for Child. & Families Nat'l Legal Found., Amici Curiae, 10 F.3d 812 (D.C. Cir. 1994). “at 7993 (to be codified at 47 C.F.R. 76.701(a)); 58 Fed.Reg. at 19,626 (to be codified at 47 C.”
— 47 C.F.R. § 76.701(a) — 2 cases
All. for Cmty. Media v. Fed. Commc'ns Comm'n, 10 F.3d 812 (D.C. Cir. 1993). “7990, 7993 (1993) (to be codified at 47 C.F.R. § 76.701 ). With respect to PEG access, the regulations permit a cable operator to “prohibit .”
All. for Cmty. Media the All. for Commc'ns Democracy People for the Am. Way v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors (Two Cases). Denver Area Educ. Telecomm. Consortium Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Morality in Media, Amicus Curiae. Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Nat'l Law Ctr. for Child. & Families Nat'l Legal Found., Amici Curiae, 10 F.3d 812 (D.C. Cir. 1994). “at 7993 (to be codified at 47 C.F.R. 76.701(a)); 58 Fed.Reg. at 19,626 (to be codified at 47 C.”
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