Channels that are used to carry network broadcasters and educational access channels do not count for purposes of this calculation unless the company carries more than 100 channels. Companies can designate up to one-third of the channels otherwise reserved for leased access for minority or educational programming channels instead. If a cable company has room on its leased access channels to meet all of the demand for them, the company must accommodate all requests that do not involve obscene or indecent programming as quickly as possible. If the company does not have sufficient room to meet all demands, it can choose among applicants, but must use objective, content-neutral criteria in making its choice. As a result of these requirements, the only limit on the use of the channels reserved for leased access is market demand.
Companies can, however, use any unused capacity on leased access channels for other purposes.
Cable companies must include the leased access channels in their most popular service tier unless there are technical or other compelling reasons not to do so. Cable companies cannot unreasonably limit the length of contracts for leased access. A cable company can bar obscene, indecent, and patently offensive programming. The U.S. Supreme Court has upheld these provisions against a challenge on First Amendment grounds.