| |
| | [No title] |
 | | FX argues that it would be illogical to interpret Section 628 to invalidate exclusive contracts entered into by non-vertically integrated programmers when the statute explicitly allows grandfathered exclusive contracts to remain in effect. |
 | | FX is a vertically integrated programmer, subject to the program access rules and, based on the record, FX's enforcement of an exclusive contract violates the prohibition on exclusive contracts in Section 628(c)(2)(D) of the Communications Act. |
 | | FX knew, or should have known, that, if subsequent to the execution of such exclusive contracts a cable operator obtained an attributable interest in FX, the exclusive aspects of such contracts would be invalid absent a public interest determination by the Commission. |
| www.fcc.gov /Bureaus/Cable/Orders/1998/da980730.txt (2970 words) |
|