‘‘(ii) delivery of the packages is eco-
nomically reasonable based on the technical
requirements for delivery of the packages;
‘‘(iii) delivery of the packages can be
performed without jeopardizing security of
multichannel video programming and other
services offered over the system, or imped-
ing the legal rights of the system operator
to prevent theft of service;
‘‘(iv) any revenues received by the
cable operator and cable programming pro-
viders from advertising, including the eco-
nomic effect of offering additional pro-
gramming choices on advertising revenues
and subscriber rates;
‘‘(v) the packages permit subscribers
to subscribe to significantly less than the
majority of upper tier programing services
available; and
‘‘(vi) the packages are related to the
program category interests of groups as
demonstrated 
by 
polling, 
surveys,
referenda, statistics, or other comparable
means based on statistics from the fran-
chising area.
‘‘(C) COMMISSION REVIEW.—Upon receipt
of a request for review from a cable operator,
the Commission may review any certification
submitted under subparagraph (A) and may re-
scind such certification if the Commission de-
termines that the determination of the franchis-
ing authority is arbitrary and capricious.
‘‘(D) DURATION.—A certification under
subparagraph (A) is effective for one year, un-
less earlier withdrawn by the franchising au-
thority or rescinded by the Commission.
‘‘(E) NO EFFECT ON EFFECTIVE COMPETI-
TION TEST.—Notwithstanding any certification
under this paragraph, a cable system that is
subject to effective competition, as determined
under subsection (a)(2), shall not be subject to
regulation under this subsection.’’.
SEC. 3. PROGRAM ACCESS.
(a) AMENDMENTS TO EXTEND AND REVISE PRO-
GRAM ACCESS REQUIREMENTS.—Section 628 of the Com-
munications Act of 1934 (47 U.S.C. 548) is amended—
(1) in subsection (a), by striking ‘‘satellite cable
programming and satellite broadcast programming’’
and inserting ‘‘multichannel video programming’’;
(2) in subsection (b)—
(A) by striking ‘‘cable operator, a satellite
cable programming vendor in which a cable op-
erator has an attributable interest, or a satellite
broadcast programming vendor’’ and inserting
‘‘multichannel video programming distributor’’;
and
(B) by striking ‘‘satellite cable program-
ming or satellite broadcast programming’’ and
inserting multichannel video programming’’;
(3) in subsection (c)—
(A) by striking ‘‘Within 180 days after the
date of enactment of this section, the Commis-
sion’’ in paragraph (1) and inserting ‘‘The
Commission’’;
(B) by striking paragraph (2) and insert-
ing the following:
‘‘(2) MINIMUM CONTENTS OF REGULATIONS.—
The regulations to be promulgated under this sec-
tion shall—
‘‘(A) establish effective safeguards to pre-
vent any multichannel video programming dis-
tributor from unduly or improperly influencing
the decision of any multichannel video program-
ming vendor to sell, or the prices, terms, and
conditions of sale of, multichannel video pro-
gramming to any other multichannel video pro-
gramming distributor;
‘‘(B) prohibit discrimination by a multi-
channel video programming vendor in the
prices, terms, and conditions of sale or delivery
of such programming among or between cable
systems, cable operators, or other multichannel
video programming distributors, or their agents
or buying groups; except that a multichannel
video programming vendor shall not be prohib-
ited from—
‘‘(i) imposing reasonable requirements
for creditworthiness, offering of service,
and financial stability and standards re-
garding character and technical quality;
‘‘(ii) 
establishing 
different 
prices,
terms, and conditions to take into account
actual and reasonable differences in the
cost of creation, sale, delivery, or trans-
mission of multichannel video program-
ming;
‘‘(iii) establishing different prices,
terms, and conditions which take into ac-
count economies of scale, cost savings, or
other direct and legitimate economic bene-
fits reasonably attributable to the number
of subscribers served by the distributor; or
‘‘(iv) entering into an exclusive con-
tract that is permitted under subparagraph
(D);
‘‘(C) prohibit practices, understandings,
arrangements, and activities, including exclusive
contracts for multichannel video programming
between a multichannel video programming dis-
tributor and a multichannel video programming
vendor, that prevent any multichannel video
programming distributor from obtaining such
programming for distribution to persons in
areas not served by a cable operator;
‘‘(D) with respect to distribution to per-
sons in areas served by a cable operator—
‘‘(i) prohibit exclusive contracts for
multichannel video programming between a
cable operator and a multichannel video
programming vendor in which a cable oper-
ator has an attributable interest, unless
the Commission determines (in accordance
with paragraph (4)) that such contract is
in the public interest;