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.
