(1) One of the stated goals of the Council/franchising authority is to increase the diversity of programming choices available to multi-channel subscribers.

(2) The Council/franchising authority also recognizes that any exclusive agreement between an MCS provider and a supplier of a multi-channel programming service tends to thwart the goal of achieving diverse programming choices by eliminating or restricting the availability of programming choices to subscribers. Moreover, multi-channel subscribers’ First Amendment right of informational access is compromised and impermissibly subordinated whenever such an exclusive agreement is entered into by an MCS provider and a cable service supplier.

(3) In order to protect the diversity of programming choices available to multi-channel subscribers, to the extent it is permitted to do so by federal and state law, the Council/franchising authority prohibits an MCS provider from entering into a wireline exclusivity contract, agreement, or arrangement with a supplier of a multi-channel programming service (standard or basic, extended basic, service tier, service cluster, premium, or pay-per-view).