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Background
In general, a cable television operator has
the right to select the channels and services that are available
on its cable system. With the exception of certain channels like
local broadcast television channels which are required to be
carried by federal law, the cable operator has broad discretion
in choosing which channels will be available and how those
channels will be packaged and marketed to subscribers. In order
to maximize the number of subscribers, the cable operator
usually selects channels that are likely to appeal to a broad
spectrum of viewers.
Tiers
Cable companies generally are required to
offer a basic service tier. The company generally requires all
subscribers to purchase this tier before purchasing additional
video programming. The basic service tier is required to
include, at a minimum, the local broadcast television stations
and the public, educational, and governmental (PEG) access
channels that the operator may be required to offer pursuant to
an agreement with the local government. After complying with
these minimum requirements, the cable operator may offer
additional programming as part of the basic service tier.
With the exception of programming that is
required to be carried on the basic tier, the cable operator and
the entity that owns the channel or programming service
negotiate the terms and conditions for carriage on the cable
system. Terms may include whether the channel or service will be
offered in a package with other programming or whether the
channel or service will be offered on a per-channel or
pay-per-view basis.
Per-Channel ("A La Carte") and Pay-Per-View Programming
Per-channel or “à la carte” programming means
a channel is offered on an individual per-channel basis rather
than as part of a package or tier of programming. Cable
television operators are not required to offer channels on an à
la carte or individual basis. However, cable operators are free
to offer channels other than those required to be on the basic
tier on an à la carte basis. For example, premium movie services
are often offered on an individual basis rather than as part of
a package.
“Pay-per-view” means there is a separate
charge for each program or event. For example, a separate charge
may be incurred for each movie or sports event the viewer
chooses.
Cable operators, as well as other entities
that offer video programming services to subscribers (such as
satellite television providers), continue to have broad
discretion to determine if services are offered on a per-
channel or pay-per-view basis and how programming will be
packaged and marketed to consumers.
For example, if a cable company offers MTV in
a package with other channels and the subscriber wants only MTV,
the subscriber must purchase the entire package. If the company,
however, chooses to offer MTV à la carte, a subscriber may
purchase just MTV.
Tier Buy-Through Prohibition
A cable company cannot require a cable
subscriber to purchase anything except the basic tier in order
to have access to pay-per-view programming or channels offered
on an à la carte basis. For example, if a cable company offers
both a basic and expanded basic tier, a subscriber cannot be
required to purchase the expanded basic tier in order to access
pay-per-view programs. In addition, the tier buy-through
provision prohibits a cable operator from discriminating between
consumers who subscribe to only the basic tier and other
subscribers with regard to the rates charged on a per-channel or
per-event basis.
The tier buy-through prohibition does not
apply if the cable operator is subject to “effective
competition.” In addition, a cable operator may request a waiver
of the tier buy-through prohibition from the FCC.
"Multiplex" Services
Some “per-channel” services, like HBO, Showtime, and
other premium movie services, may be offered on a “multiplex” basis,
where multiple sub-channels of programming are available. The FCC has
decided that multiplex services are to be treated as a per-channel
service. A consumer is not required, therefore, to purchase any
intervening tier or tiers of programming in order to subscribe to
multiplex service.
Complaints or Questions Concerning Cable Programming
If you have a complaint or question
concerning programming services or channels, contact your cable
company. In many cases, the customer service representatives at
your cable company will be able to help you. The telephone
number for your cable company can be found on your cable bill.
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For more information
For information about other
communications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer Center by
e-mailing fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or
1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232;
or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
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Federal Communications Commission
