76.701—Leased access channels.
(a)
Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as amended, section 612 ), a cable operator, in accordance with 47 U.S.C. 532(h) (Cable Consumer Protection and Competition Act of 1992, section 10(a) ), may adopt and enforce prospectively a written and published policy of prohibiting programming which, it reasonably believes, describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.
(b)
A cable operator may refuse to transmit any leased access program or portion of a leased access program that the operator reasonably believes contains obscenity, indecency or nudity.
Code of Federal Regulations
[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]