Introduction
The information on this page is intended to help you navigate the Federal Communication Commission's current rules for obtaining leased access time on LUS Fiber’s Video Platforms.
Requests
For information regarding Leased access you may use the contact information below to inquire by telephone or in writing, or you may obtain information in person at one of our customer service centers on where to direct leased access information requests. All requests for leased access rates and channel availability must be made in writing and will be responded to within ten (10) days after receipt of the written request.
Address:
LUS Fiber
700 St John Street
Suite 300 Lafayette, LA 70501-6761
Attn: Leased Access Coordinator
Email: regulatorynotices@lusfiber.com
Fax: (337) 291-8108
A bonified dated written request submitted to LUS Fiber should include the following:
1. The programmer's name (and/or company name, if any);
2. The programmer's address;
3. The programmer's email address;
4. The programmer's telephone number;
5. Cable systems/communities for which the leased access programmer seeks information;
6. The desired length of a contract term;
7. The tier, channel and time slot desired;
8. The anticipated commencement date for carriage;
9. The nature of the programming;
10. The geographic and subscriber levels of service requested; and
11. Proposed changes to the sample contract;
A Brief Explanation of the Leased Access Statute and FCC Rules
The Cable Communications Policy Act of 1984 established the statutory framework for Commercial Leased Access by adding Section 612 to the Communications Act of 1934. Section 612 was amended by Congress in the Cable Television Consumer Protection and Competition Act of 1992. Section 612 outlines the requirements for cable operators to designate a percentage of their channel capacity for commercial use and allows cable operators to use that designated capacity until leased access use is obtained by an unaffiliated person pursuant to a written agreement. You may click here to view Communications Act Section 612.
The statute directs the Federal Communications Commission ("FCC") to adopt rules for cable operators to establish the price, terms and conditions for use of the operator's designated leased access channel capacity. The federal law directs that the FCC assure that such prices, terms and conditions will not adversely affect the operation, financial condition, or market development of the cable system.
§ 76.970 Commercial leased access rates. This rule outlines the methodology for calculating leased access rates, depending on programming category.
§ 76.971 Commercial leased access terms and conditions. This rule specifies that cable operators may place leased access programming on any tier with subscriber penetration of over 50%, permits cable operators to make reasonable channel selections for leased channels and sets out requirements for part-time (no less then 1/2 hour) leased access requests. Requirements for programming production standards, technical support, security deposits, insurance, billing and collection, length of contracts and resale of leased access capacity are also specified in this rule.
§ 76.975 Commercial Leased Access Disputes Resolution. This rule directs that any person aggrieved by the failure or refusal of a cable operator to make channel capacity available may bring an action in U.S. District Court or may file a petition with the FCC. The rule also establishes various procedural requirements.
§ 76.977 Minority and Educational Programming. In this rule, the FCC outlines under what circumstances a cable operator may use leased access channel capacity for "qualified" minority and educational programming.